The European Commission has opened a formal investigation into Booking.com to determine whether the accommodation platform breached the EU’s Digital Services Act (DSA) by failing to adequately address risks linked to fake listings, phishing scams and the transparency of paid search results.
The Commission will examine whether the platform properly assessed and mitigated risks associated with misleading accommodation offers and attempts to steal users’ information or obtain fraudulent payments.
It will also investigate whether Booking.com clearly identifies listings promoted through higher commissions as advertisements.
The investigation does not mean that the company has been found to have breached EU law.
Fake accommodation listings under scrutiny
The first area of the investigation concerns potentially illegal content and misleading accommodation offers.
The Commission will assess whether Booking.com correctly identified and evaluated systemic risks arising from listings for non-existent properties, impersonation scams and accommodation offers that fail to comply with applicable requirements.
It will also examine whether the platform introduced effective measures to address these risks, including removing fraudulent and non-compliant listings.
The aim is to determine whether Booking.com has met its obligations to protect consumers under the DSA.
Phishing risks and guest data
The second area focuses on phishing attempts that exploit booking and guest information.
The Commission will examine whether Booking.com properly assessed and addressed the risks posed by such attacks, particularly in relation to how reservation and guest data are shared with accommodation providers.
The design and operation of the platform’s messaging service will also come under scrutiny.
Investigators will assess whether sufficient safeguards are in place to prevent the misuse of personal and booking information for phishing attempts and fraudulent payment requests.
Paid listings and advertising transparency
The third area concerns accommodation providers who can pay higher commissions to improve their visibility in Booking.com search results.
Under the DSA, users must be able to clearly identify advertisements and easily access information about who is promoting and paying for them, why they are seeing them and how they can adjust the settings that influence the advertisements displayed to them.
The Commission will investigate whether Booking.com clearly distinguishes these paid placements from ordinary search results.
What the EU law requires
The Commission said the suspected shortcomings could amount to breaches of Articles 34 and 35 of the DSA, which require very large online platforms and search engines to identify, analyse, assess and mitigate systemic risks.
It will also examine possible non-compliance with Article 26(1), which requires online platforms to ensure users can clearly identify advertisements and access information about them.
Commission spokesperson Thomas Regnier said the EU executive aims to ensure that its investigations result in decisions that can withstand subsequent legal challenges, amid criticism over the time taken to conclude cases involving major digital companies.
How the investigation began
The formal proceedings follow a preliminary investigation that included an analysis of Booking.com’s risk assessment reports submitted in 2026 and the three preceding years.
The Commission also reviewed information in the company’s transparency reports and its responses to formal requests for information issued on September 23, 2025, and May 26, 2026.
It is working with the Netherlands’ Authority for Consumers and Markets, which serves as the Digital Services Coordinator in the EU member state where Booking.com is established and helps oversee the platform’s compliance with the DSA.
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