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Regulation

EU Opens Formal Proceedings Against Pornhub, XVideos, Stripchat, and XNXX Under DSA

The European Commission designated four adult platforms as VLOPs and opened formal investigations into their failure to implement age verification for EU users. Fines could reach 6% of global annual turnover.

VLOP Designations

Under the Digital Services Act, platforms with over 45 million average monthly users in the EU are designated as Very Large Online Platforms (VLOPs) and subject to the strictest compliance obligations.

PlatformDesignatedVLOP Status
PornhubDecember 2023Active
StripchatDecember 2023Withdrawn May 2025 (users fell below threshold)
XVideosDecember 2023Active
XNXXJuly 2024Active

VLOP compliance obligations began approximately four months after designation — around April 2024 for the first three platforms. These include:

  • Systemic risk assessments
  • Transparency reporting
  • Data access for researchers
  • Measures to protect minors

Formal Investigations (May 2025)

In May 2025, the European Commission opened formal proceedings against all four platforms for suspected DSA breaches related to the protection of minors. The investigation focuses specifically on the absence of effective age-verification measures.

Notably, even though Stripchat's VLOP designation was withdrawn in May 2025 (its EU user base had fallen below the 45 million threshold for over a year), the formal investigation against it continued.

Coordinated Member State Action

The European Board for Digital Services launched a coordinated action involving Member State Digital Services Coordinators to investigate smaller pornographic platforms (those below the VLOP threshold) regarding protection of minors.

France: First National Enforcement

France moved ahead of EU-wide enforcement:

  • May 2024: France adopted the loi SREN (law to secure and regulate the digital space)
  • October 2024: French regulator Arcom published age assurance guidelines
  • January 11, 2025: Guidelines became enforceable

Potential Penalties

Under the DSA, VLOP violations can result in fines of up to 6% of global annual turnover. For platforms with global revenue in the hundreds of millions, this represents nine-figure exposure.

What EU-Facing Platforms Should Do

  1. Determine your EU user count. If you're approaching 45 million monthly EU users, you may be designated as a VLOP. Some platforms have reportedly tried to reduce their EU-visible user counts to avoid designation.
  2. Implement age verification for EU users. The Commission's investigation is specifically about the absence of age checks. Having any reasonable system in place is better than having none.
  3. Prepare transparency reports. VLOPs must publish reports on content moderation activities, including adult content-specific metrics.
  4. Monitor member state enforcement. France has moved first, but other member states are developing their own frameworks under the DSA's coordinated enforcement model.