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On February 7, 2025, a Berlin court ordered X to provide real-time live access to election public data to conduct research. The ruling forces the platform to provide necessary engagement measures, such as likes, shares, and visibility. According to the German court orders, the data should be shared with the German Society for Civil Rights (GFF) and Democracy Reporting International (DRI).
X has protested the order because its Irish headquarters placed it outside the jurisdiction of the German court. The company also argues that mandatory data sharing will affect user privacy and free speech rights.
The case will test EU's Digital Services Act (DSA)'s applicability. The act defines that the big platforms should supply systemic risk data to researchers. The European Commission previously disciplined X in July last year after it was reported that the platform was not complying with DSA regulations in July 2024. Although the act had also come under fire previously. It raised questions about copyright injunctions and massive fines imposed on companies in operation within the AI sector.
Since Germany's federal elections will be held on February 23, 2025, analysts suggest that data lag will slow down the monitoring of misinformation and foreign influence. DRI Executive Director Michael Meyer-Resende warned that X's court appeal is just a waste of precious time.
The X data case ruling would have the potential to set a model for the application of EU law on social media companies. A victory on appeal by X would raise doubts about the enforcement of the DSA. However, if the court ruling persists, it could strengthen research transparency measures for tech platforms in Europe.
