European Union: Adopted European Commission decision designating adult content platform XNXX as a Very Large Online Platform under Digital Services Act

On 10 July 2024, the European Commission designated XNXX, an adult content platform with over 45 million monthly users in the European Union, as a Very Large Online Platform (VLOP) under the Digital Services Act (DSA). The designation, based on the user numbers reported by XNXX, subjects the platform to the DSA's additional obligations. By mid-November 2024, XNXX is required to implement measures for user empowerment and protection, including age-verification tools to prevent minors from accessing pornographic content, provide data access to researchers, and publish an ads repository. Additionally, XNXX must conduct and submit a risk assessment report by mid-November 2024, addressing systemic risks such as the spread of illegal content and potential harm to users' mental and physical well-being. The designation follows the general obligations under the DSA that came into effect on 17 February 2024, mandating user-friendly mechanisms for reporting illegal content, advertisement labelling, and annual transparency reporting. The Commission, in cooperation with the Czech Digital Services Coordinator, will oversee XNXX's compliance with general and additional obligations for VLOP.