Stripchat Loses EU Court Fight Over Digital Services Act Classification

The decision marks a legal setback for Stripchat’s operator, Cyprus-based Technius Ltd., although the Commission had already withdrawn the platform’s very large online platform designation in May 2025 following updated audience assessments.

Under the Digital Services Act, online platforms with at least 45 million average monthly active users in the EU face additional requirements covering transparency, systemic risk assessments and content moderation. Violations can result in penalties of up to 6% of a company’s annual worldwide revenue.

Dispute Centered on User Calculations

The legal battle focused on how the Commission determined whether Stripchat exceeded the 45 million-user threshold.

Technius reported approximately 31.8 million average monthly active recipients in the EU in February 2023, using information from web analytics provider Similarweb. The Commission disputed the company’s methodology, particularly its decision to exclude certain visits in which users left the website shortly after arriving.

Regulators concluded that the calculation understated Stripchat’s audience and estimated that the platform attracted more than 62 million monthly unique visitors, according to the Court of Justice of the European Union’s account of the judgment.

Technius challenged the Commission’s findings, arguing that the underlying data were unreliable and that the designation raised concerns about legal certainty.

The General Court dismissed the action in its entirety, finding that the Commission had adequately explained its methodology and the reasons for rejecting the company’s alternative calculation.

The judges also concluded that the Commission could legitimately use the audience information available when making its original decision, notwithstanding later changes to the platform’s reported user numbers.

Earlier Regulatory Reversal Remains in Place

The judgment does not reinstate Stripchat’s former regulatory classification.

The Commission ended the platform’s very large online platform designation on May 27, 2025, after revised audience figures placed it below the statutory threshold. The additional obligations associated with that classification ceased to apply four months later, according to the Commission’s published regulatory records.

Wednesday’s decision instead addresses whether the Commission acted lawfully when it initially placed Stripchat under the stricter regulatory framework.

The distinction is significant because the ruling supports the regulator’s original assessment without reversing its subsequent decision to remove Stripchat from the category.

MLex reported that Stripchat is considering an appeal. Any further challenge would go before the EU Court of Justice, which reviews appeals from the General Court on points of law.

The ruling comes as the European Commission continues implementing the Digital Services Act, a central element of the bloc’s effort to increase accountability among major online platforms.

The outcome reinforces the Commission’s ability to make designation decisions using available audience estimates, provided that its calculations and supporting evidence meet the applicable legal standards.

The case is T-134/24, Technius v. European Commission.

Source: MLex