The Consumer & Market Authority (ACM) is opening an investigation into the online platform Snapchat in connection with the trading of vapes to minors. The ACM is launching this investigation in response to an enforcement request from the Smoking Prevention Youth Foundation that they submitted to the ACM in late August. The foundation believes that the platform does not meet the requirements of the Digital Services Act (DSA).
ACM Board Member Manon Leijten: "A safe online environment for minors is hugely important. Therefore, online platforms such as Snapchat must take measures to prevent the sale of illegal products through their platform. In the information provided by the Youth Smoking Prevention Foundation, we see sufficient reason to launch an investigation into possible violations of the DSA rules by Snapchat."
The potential violations of the law relate to the platform's policies around the protection of minors. According to DSA, a platform must take appropriate and proportionate measures to adequately ensure the protection of minors. The ACM will now investigate whether Snapchat is doing that. In doing so, it is in close contact with the European Commission, because Snapchat is a so-called "Very Large Online Platform" (VLOP), which means the company is under direct supervision by the European Commission.
During the proceedings, the ACM is not making any statements about the case. How long the process will take is not known at this time. This depends in part on the course of the investigation. If the investigation shows that Snapchat is not complying with the DSA rules, the ACM may take enforcement action. For example, in the form of a binding instruction, fine or penalty payment.
The DSA is a European regulation that came into force in early 2024. The DSA is not about what online content (information, products) is illegal. That is determined by laws such as criminal law, privacy law or consumer law. For example, the online sale of vapes is prohibited in the Netherlands under the Tobacco and Tobacco Products Act. The Dutch Food and Consumer Product Safety Authority (NVWA) enforces this ban in the Netherlands.
What the DSA does regulate, for example, is how online platforms must deal with reports of illegal content. For example, it must be easy to make a report, and platforms must respond quickly and justify what they do with the report. In addition, online platforms accessible to minors must take measures to protect minors from illegal and/or harmful content on their service. As the DSA regulator, the ACM is therefore not about what constitutes illegal content, but it does check whether platforms have their processes in order and whether the measures they take to protect minors are effective.
