European Union: Announced lawsuit challenging designation as very large platform and disclosure of user identities in advertisement repository under the EU DSA (Aylo Freesites v European Commission)

On 1 March 2024, Aylo Freesites, the parent company of Pornhub, initiated a lawsuit against the European Commission, challenging its designation as a very large platform and disclosure of user identities in advertisement repository under the EU Digital Services Act (DSA). The lawsuit contests Pornhub's designation as a very large platform under DSA on the grounds of non-compliance with the general principles of legal certainty and proportionality. The lawsuit also contests the application of Article 39 of the DSA, which requires providers of very large online platforms to compile and make publicly available a repository of advertisement information for the duration of the advertisement's display and one year thereafter through a searchable and reliable tool. Aylo argues that this obligation infringes on its freedom to conduct business and its right to property. Aylo seeks annulment of the Commission's decision designating Pornhub as a very large platform, declaring Article 39 inapplicable to Aylo and having the Commission pay its legal costs.