The European Commission has opened an in-depth investigation into whether Booking.com complied with the EU’s Digital Services Act (DSA), focusing on fraudulent property listings, phishing scams and the transparency of paid search results.
Regulators will assess whether the platform adequately identified and mitigated consumer risks, including financial losses caused by fake accommodation offers and deceptive messages.
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Fake Listings And Consumer Protection
As part of the investigation, the Commission will examine whether Booking.com took sufficient steps to address listings for non-existent properties, impersonation fraud and accommodation offers that may not meet applicable requirements. It will also assess the platform’s safeguards for removing fraudulent or non-compliant listings.
Phishing Risks And Guest Data
Another area of scrutiny concerns the risks associated with sharing reservation and guest data with accommodation providers, as well as the design of Booking.com’s messaging tools.
Weak safeguards could allow scammers to exploit these channels to obtain personal information or trick customers into making fraudulent payments.
Paid Search Results Under Scrutiny
A further focus is whether Booking.com clearly identifies paid-for search results. Accommodation providers can pay higher commissions to improve their rankings, but EU rules require users to recognise advertisements and understand who paid for them, why they are being shown and how advertising preferences can be adjusted.
Potential DSA Violations
If confirmed, the suspected failures could breach Articles 34 and 35 of the DSA, which require very large online platforms to assess and mitigate systemic risks. The investigation may also concern Article 26(1), which sets out transparency requirements for online advertising.
According to the Commission, the investigation will be treated as a priority. Possible next steps include requests for further information, interviews and inspections. The Commission may also impose interim measures, issue a non-compliance decision or accept commitments from Booking.com.
Opening proceedings does not prejudge the outcome. However, during the investigation, the Commission will directly supervise the suspected advertising-transparency issue under Article 26(1), rather than leaving it to national authorities.
Wider Implications For Online Marketplaces
The investigation follows the Commission’s review of Booking.com’s risk assessment and transparency reports, alongside its responses to formal information requests issued on September 23, 2025, and May 26, 2026. The Commission is working with the Dutch Authority for Consumers and Markets, the country’s Digital Services Coordinator.
Booking.com was designated a Very Large Online Platform under EU law on April 25, 2023. The case will test whether the company’s safeguards for consumer protection, security and advertising transparency meet the requirements imposed on major online platforms.
