European Commission Opens Formal DSA Investigations into Pornographic Platforms to Safeguard Minors

Key Takeaways

Formal Proceedings Initiated: The European Commission has opened formal investigations into Pornhub, Stripchat, XNXX, and XVideos for suspected breaches of the Digital Services Act (DSA), focusing on the lack of effective age verification and child protection measures.

Core Allegations: The platforms are suspected of failing to:

• Implement appropriate and proportionate age verification tools.
• Assess and mitigate risks related to minors’ access to adult content.
• Ensure the rights and well-being of children are central to platform design.

VLOP Status Change: Stripchat is being de-designated as a Very Large Online Platform (VLOP) after falling below the active user threshold for over a year. However, Stripchat remains subject to general DSA obligations, and enforcement will shift to Cyprus Radiotelevision Authority as its national Digital Services Coordinator.

Coordinated Action on Smaller Platforms: In parallel, national authorities across the EU are conducting coordinated enforcement against smaller porn platforms under their jurisdiction, reinforcing a pan-European approach to child protection under the DSA.

What Comes Next

The Commission will intensify investigations, including further evidence collection, interviews, and possible inspections.

It may impose interim measures, non-compliance decisions, or accept binding commitments from platforms.

These actions follow the platforms’ 2024 risk assessments and RFI responses, which informed the Commission’s decision to proceed.

A white-label age verification app, preserving user privacy, is being fast-tracked by the Commission and will launch by Summer 2025, ahead of the EU Digital Wallet in 2026.

Compliance Implications for Platform Operators

Platforms serving EU users — whether large or small — should take immediate action to:

1. Reevaluate age verification procedures to ensure they meet DSA expectations for high privacy, security, and effectiveness.
2. Document risk assessments focused on child protection, as failure to do so may result in formal proceedings.
3. Monitor EU developments regarding the new Commission-supported age verification tools and adjust technical implementations accordingly.

Contact Silverstein Legal if you are:

• Operating a platform hosting adult content or other age-sensitive material.
• Unsure whether your existing age verification tools or DSA risk assessments are adequate.
• Interested in a compliance review tailored to national and EU-level enforcement trends.

About Silverstein Legal

Founded in 2006 by adult entertainment lawyer Corey D. Silverstein, Silverstein Legal is a boutique law firm that caters to the needs of anyone working in the adult entertainment industry. Silverstein Legal’s clients include hosting companies, affiliate programs, content producers, processors, designers, developers, and website operators.