Commission sends request for information to LinkedIn on potentially targeted advertising based on sensitive data under Digital Services Act

Today, the European Commission has formally sent LinkedIn a request for information under the Digital Services Act (DSA), asking for more details on how their service complies with the prohibition of presenting advertisements based on profiling using special categories of personal data. LinkedIn is also required to provide information about how it ensures that all necessary transparency requirements for advertisements are provided to its users.

LinkedIn must provide the requested information by 5 April 2024. Based on the assessment of LinkedIn’s reply, the Commission will assess next steps. A request for information is an investigatory act that does not prejudge potential further steps the Commission may or may not decide to take. However, pursuant to Article 74 (2) of the DSA, the Commission can impose fines for incorrect, incomplete, or misleading information in response to a request for information.

Following the designation as a very large online platform in April 2023, LinkedIn is required to comply with the full set of provisions introduced by the DSA, including the obligation to enable users to identify basic information about the nature and origins of an advertisement and the ban on presenting advertisements based on profiling using special categories of personal data, such as sexual orientation, political opinions, or race.