When to file a complaint with ANCOM?
You can file a complaint with ANCOM if you are the recipient of the intermediary services and you have your domicile or residence, respectively your headquarters, in Romania and you have reason to believe that the provider of an intermediary service does not fulfill its obligations under the Digital Services Act.
Complaints can be filed in your own name or through a representative, but also by a body, organization or association that you mandate to exercise your rights.
If the complaint concerns an alleged infringement of the Digital Services Act by an intermediary service provider established in another EU Member State (e.g. Meta or X), ANCOM forwards the complaint to the Digital Services Coordinator in that Member State.
Attention!
The recipients of the services can report to the intermediary service providers the existence of certain information that they consider to constitute illegal content, and the providers have the obligation to establish mechanisms through which to take over these notifications. At the same time, if a provider has decided to delete your content or block your account and you do not agree with this decision, you must first contact the provider. The mechanisms put in place by intermediary service providers must be easy to access and use.
Although it is the responsibility of ANCOM, as the coordinator of digital services, to verify the way in which intermediary service providers comply with their obligations under the Digital Services Act, ANCOM does not have the role of ruling on whether or not certain content is illegal, nor of acting as an appeal body against the decisions of intermediary service providers in relation to illegal content or content that contravenes the rules of use established by the provider.
The main obligations of intermediary service providers are explained in the Q&A on this page.
How to file a complaint with ANCOM?
You can file a complaint with ANCOM, in relation to the violation of the provisions of the Digital Services Act, using the dedicated form. The resolution of complaints is done in compliance with ANCOM decision no. 335/2024.