Brussels, July 15, 2025 — Elon Musk’s social media platform X has been formally accused of breaching the European Union’s Digital Services Act (DSA) by using sensitive personal data for targeted advertising, according to a complaint filed by nine civil society organisations.
The complaint was submitted by European Digital Rights (EDRi), AI Forensics, and the Centre for Democracy and Technology Europe (CDT), among others.
It is based on evidence gathered by AI Forensics using X’s publicly accessible Ad Repository, which showed major companies running ads that exclude users based on political opinions, religious beliefs, sexual orientation, and health conditions.
Such practices are explicitly forbidden under the DSA, which came into full force for Very Large Online Platforms (VLOPs) — including X — in late 2023. The legislation prohibits profiling-based advertising using special categories of personal data.
“This is a clear breach of the Digital Services Act,” said a spokesperson for AI Forensics. “Platforms cannot use people’s most private characteristics to serve or exclude them from ads. Yet our research shows that this is happening systematically on X.”
One notable case cited in the complaint involved energy giant TotalEnergies, which allegedly excluded users engaging with ecologist-related content.
Another example showed fast-food chain McDonald’s serving ads while deliberately excluding users interested in content related to its trade unions, mental health, and suicide.
According to the complainants, this exclusion-based targeting effectively amounts to discrimination and manipulation, with serious implications for individual rights and public trust.
The formal complaint comes as the European Commission continues its ongoing investigation into X’s broader compliance with the DSA. Launched in December 2023, the investigation already highlighted concerns about deceptive “blue checkmark” labels and lack of ad transparency. X has responded in writing, but the probe remains unresolved.
Under the DSA, confirmed violations can lead to fines of up to 6% of a company’s global annual turnover, signalling potentially significant consequences for the platform.
The organisations behind the complaint are urging national Digital Services Coordinators and the European Commission to take immediate enforcement action.
“This is a test case for the EU’s ability to enforce its flagship tech regulation,” said a spokesperson for EDRi. “If platforms are allowed to ignore these rules, the DSA’s purpose is undermined.”
X, formerly known as Twitter, has faced frequent criticism under Musk’s ownership over its content moderation policies, algorithmic transparency, and regulatory compliance.
The European Commission has not yet confirmed whether this new complaint will be folded into the existing investigation or lead to a separate action.
For now, pressure is mounting on the EU executive to act decisively as the DSA enters its first full year of enforcement — and as civil society calls for accountability in digital spaces.