https://ec.europa.eu/commission/presscorner/detail/en/IP_24_3761 ...X fails to provide access to its public data to researchers in line with
the conditions set out in the DSA. In particular, X prohibits eligible researchers from independently accessing its public data, such as by scraping, as stated in its terms of service. In addition, X's process to grant eligible researchers access to its application programming interface (API) appears to dissuade researchers from carrying out their research projects or leave them with no other choice than to pay disproportionally high fees.
If the Commission's preliminary views were to be ultimately confirmed, the
Commission would adopt a non-compliance decision finding that X is in breach of Articles 25, 39 and 40(12) of the DSA. Such a decision could entail fines of up to 6% of the total worldwide annual turnover of the provider, and order the provider to take measures to address the breach. A non-compliance decision may also trigger an enhanced supervision period to ensure compliance with the measures the provider intends to take to remedy the breach. The Commission can also impose periodic penalty payments to compel a platform to comply.
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