Netherlands: Amsterdam District Court rules that automatic reversion to profiling-based recommendation system violates Digital Services Act

On 2 October 2025, the Amsterdam District Court ruled that Meta Ireland, the operator of Facebook and Instagram in Europe, violated the Digital Services Act (DSA). The court found that Meta's practice of automatically reverting to a profiling-based recommendation system, even after a user selected a non-profiling alternative, constitutes an illegal "dark pattern." The automatic switchback, which occurs when users navigate the app or close and reopen it, disrupts user autonomy and causes "choice fatigue." Consequently, the court ordered Meta Ireland to make users' choice for a non-profiling recommendation system "persistent," meaning it must be retained until the user actively changes it. The court also ruled that the option to select a non-profiling system was not "directly and easily accessible" in specific parts of the Instagram and Facebook apps and websites. Meta Ireland was ordered to fix these accessibility issues within two weeks. The court imposed a penalty of EUR 100'000 per day, with a maximum of EUR 5 million, for non-compliance with the orders.