The DSA requires any listing portal operating in the EU, real estate included, to offer a genuine channel for reporting illegal content — and to actually act on those reports, not just receive them.
What the DSA Actually Requires From a Listing Portal
The Digital Services Act (DSA), in force across the EU since February 2024, requires any provider of hosting services — which generically includes major real estate listing portals like Idealista, Fotocasa, or SeLoger — to maintain an easily accessible notification mechanism so anyone can flag content they consider illegal (Article 16 DSA). The portal must process those notifications and act on them, either by removing the content or explaining why it isn't doing so.
This obligation isn't specific to real estate — it's the same requirement that applies to any content-hosting platform operating in the EU, from social media to product marketplaces. What makes it relevant here is that a listing for a property lacking a required habitability certificate, or a tourist rental without a declared license, fits within the DSA's broad definition of "illegal content," which covers any information that doesn't comply with applicable national or EU law.
The Largest Platforms Carry Extra Obligations
The DSA distinguishes between hosting services generally and so-called "Very Large Online Platforms" (VLOPs — more than 45 million active monthly users in the EU), which are subject to additional transparency obligations, independent external audits, and regular reporting on their content moderation decisions. Major national real estate portals, while significant within their own domestic markets, generally don't reach the EU-wide user threshold that defines a VLOP on their own — so they typically fall under the general online platform regime rather than the stricter one.
What Happens If Noncompliance Continues
Serious and systematic noncompliance with DSA obligations can result in fines of up to 6% of a platform's global annual turnover, imposed by the competent member state's Digital Services Coordinator. Lesser breaches, such as providing incorrect or misleading information to regulators, carry more limited penalties, up to 1% of turnover.
How to Report an Illegal Listing Correctly
- Look for the portal's specific notification mechanism — the DSA requires it to be easy to find, typically on the listing itself or in the site's footer.
- Be specific about why you consider the listing illegal (missing habitability certificate, absence of a mandatory tourist registration number in your city, etc.) — the more specific the notification, the faster it's processed.
- If the portal doesn't act within a reasonable time, you can escalate the complaint to the relevant national consumer or housing authority, which may also have the power to act directly against the advertiser.
What This Means Practically
- Every real estate portal operating in the EU is legally required to offer you a genuine way to report an illegal listing — it isn't a voluntary goodwill gesture.
- Document the listing (a dated screenshot) before reporting it, in case you need to demonstrate it later.
- If the portal doesn't act, you have an additional escalation route through your national consumer authority.
Related Kibbo Tools
Sources
- EUR-Lex — Regulation (EU) 2022/2065, Digital Services Act, Article 16. eu-digital-services-act.com
- European Commission — Digital Services Act Q&A. ec.europa.eu