Success against X: Platform must provide research data
In February 2026, the Berlin Court of Appeal ruled that the NGO Democracy Reporting International is entitled to publicly visible data from social media platform X under the European Digital Services Act.
DRI conducts research on political discourse on social media platforms surrounding elections in Europe. This involves analysing publicly available data, such as the reach of posts or their likes and shares. The findings provide important insights into the functioning of our democracy, as the big platforms play a central role in shaping political opinion. At the same time, it remains largely unclear how their algorithms influence discourse – and how they influence the reach of illegal content and disinformation. Independent research provides insights into this algorithmic black box.
X refused access to research data
Article 40(12) of the DSA requires large digital platforms to grant researchers access to publicly available data so that they can investigate systemic risks. However, after DRI requested access to platform data relating to the Hungarian parliamentary elections in April 2026 in November 2025, X still refused to provide the data.
DRI then filed an urgent application with the Landgericht (Berlin Regional Court) for access to the data – supported by us and represented by the law firm Hausfeld. However, the Landgericht rejected the application and declared that it did not have jurisdiction. DRI would have to file a lawsuit in Ireland, where X has its European headquarters.
The problem is, however, that lawsuits in Ireland involve a cost risk that most researchers and civil society organisations cannot bear. If they had to sue in Ireland, they would effectively be unable to enforce their claims against the large digital corporations. In May 2025, however, another chamber of the Regional Court had ruled in a similar case that a lawsuit in Germany was indeed admissible. DRI had brought this case against X with our support as well.
Landmark decision by the Berlin Court of Appeal
In December 2025, DRI, together with the GFF and Hausfeld gain, appealed to the next instance, the Kammergericht (Berlin Court of Appeal). In February 2026, the court obliged X to grant DRI access to the platform data and confirmed the local jurisdiction of German courts. Researchers can thus file lawsuits at the location of their research and are not dependent on proceedings at the platforms' headquarters.
The decision of the Kammergericht is groundbreaking for the protection of fundamental rights online in two respects: For one thing, it enables DRI to conduct important research. In doing so, it contributes to a better understanding of how large digital corporations influence public opinion. In the best case scenario, this will make it easier to combat disinformation and election interference. At the same time, it makes it easier for users to enforce their rights under the DSA against digital platforms.
Berlin Regional Court confirmed local jurisdiction in 2025 already
DRI had already applied to the Landgericht for urgent legal protection against X in February 2025. At that time, the company had refused access to platform data that DRI wanted to use to research election influence in the run-up to the 2025 German federal election. After the proceedings were delayed, the Landgericht finally dismissed the lawsuit in May 2025 due to a lack of urgency. However, it confirmed at the time that researchers can assert their right to access data in the country in which they are conducting their research.
Strengthening user rights
The two lawsuits against X are part of the Center for User Rights, which is funded by the Mercator Foundation, Luminate and the Open Society Foundation. With the Center, the GFF aims to strengthen and enforce user rights in the long term. This is to correct the existing power imbalance between online platforms and their users.
