Recommender systems are fully or partially automated, algorithm-based tools that suggest or prioritise information by determining the order or prominence of the information displayed. On Facebook and Instagram, for example, the order of posts and reels shown was generally based on prior user interactions instead of chronological order. The Dutch court proceedings focused on two specific aspects of these recommender systems.

First of all, for some of the sections on Facebook and Instagram, users had to navigate through various (sub)menus to change the recommender system. Secondly, the choice for a non-profiling recommender system was not applied persistently. This choice only applied while remaining in a specific section of the platforms, such as the reels section or home page. In addition, once an app or website was closed, users had to reset their preference for a recommender system each time they returned to the app or website.

According to the Dutch court, these practices do not meet the requirements set by the DSA. The recommender systems are not directly and easily accessible from a specific section of the interface where the information is being prioritised, such as the home page. Moreover, these practices lead to ‘choice fatigue’ and are a substantial disruption of the user’s autonomy, which is also being defined as an illegal ‘dark pattern’.  

The court ordered Meta to modify its online interfaces in such a way that a chosen non-profiling recommender system remains persistent across all sections of the platforms, and after the app or website is closed. Furthermore, the preferred option for a non-profiling recommender system should be made directly and easily accessible.  

The judgment of the court was ruled provisionally enforceable. Meta was initially given two weeks to implement the adjustments. However, Meta filed an appeal against this decision and requested extra time for the implementation of the adjustments. The court of appeal suspended the order declaring the judgment provisionally enforceable until 31 December 2025. This means that Meta has less than two months to implement the modifications. Whether these amendments will be permanent, depends on the decision of the court of appeal. The hearing is scheduled on 26 January 2026.

This case illustrates how the DSA impacts our daily use of online platforms, especially in relation to the use and transparency of algorithms. If you have questions regarding the DSA or its practical impact, please feel free to contact one of our specialists in the team IP, IT and Privacy.