DSA Complaints
What You Need to Know Before Submitting a Complaint
1. A complaint may only be submitted in relation to a specific breach of the Digital Services Act (DSA) by a service provider.2. A complaint cannot be submitted for the reporting of illegal content.
3. Complaints must be submitted to HAKOM, in its role as the Digital Services Coordinator, using the prescribed form. HAKOM may request additional information from the user if considered relevant.
*HAKOM does not intervene in online content and does not have the authority to order the removal of illegal content.
4. Information on how to challenge a platform’s decision to restrict or suspend a user’s service can be found under the section titled “How can a user challenge a platform’s decision?”
Complaints within the Competence of HAKOM
The Digital Services Act (DSA) allows users to submit complaints against intermediary service providers that have breached a specific provision of the DSA.Examples of DSA breaches by service providers:
- Failure to designate a contact point for users (i.e. recipients of the service) - Article 12
- Absence of terms and conditions, or terms that are not compliant with the DSA - Article 14
- Failure to establish a mechanism for reporting illegal content, or failure to inform the user of the decision regarding such a report - Article 16
- Failure to provide the user with a statement of reasons for restricting or terminating the service - Article 17
- Failure to provide the user with access to the platform’s internal complaint-handling system - Article 20
- Breach of any other provision of the DSA falling within the competence of HAKOM
Handling of Complaints
Complaints Concerning Service Providers Based in Croatia
If a complaint is submitted against a service provider whose registered office is in Croatia, HAKOM will first assess whether the complaint relates to a breach of DSA provisions within HAKOM’s competence, or whether it needs to be referred to another competent authority.
DSA Articles Not within HAKOM’s Competence, with List of Competent Authorities
| Article DSA |
Article Title | Competent Authority* |
| 25. | Design and Organisation of Online Interfaces |
|
| 26. | Advertising on Online Platforms | |
| 30. | Traceability of Traders | |
| 31. | Integrated Compliance | |
| 32. | Right to Information |
|
| 27. | Transparency of Recommendation System |
|
| 28. | Protection of Minors Online |
|
Complaints that fall outside HAKOM’s competence should preferably be submitted directly to the relevant authority.
Please submit a complaint to only one authority.
If you are unsure which authority has competence over the alleged breach, you may submit the complaint to HAKOM using the prescribed form.
Complaints Concerning Service Providers Based Outside Croatia
If a complaint is submitted against a service provider whose registered office is outside Croatia (for example, Instagram, Facebook, Google, TikTok, X), it should be sent to HAKOM using the prescribed form. HAKOM will conduct an initial assessment of the potential DSA breach and, if necessary, forward the complaint to the Digital Services Coordinator in the provider’s country of establishment.
Forwarding serves exclusively to monitor trends based on all complaints received against a particular provider and to determine whether there is systematic non-compliance with certain obligations. Where warranted, appropriate sanctions may be imposed following a formal procedure, which can take several months in the case of very large online platforms (VLOPs).
It is important to emphasise that Digital Services Coordinators (and other competent authorities) do not resolve individual user complaints on the merits. Their role is limited to determining whether a provider has breached DSA provisions and, if justified, to initiating further supervisory and/or investigative actions against that provider.
HAKOM and national authorities have supervisory and investigative powers only in relation to providers that have a business establishment in the Republic of Croatia.
How Can a User Challenge a Platform’s Decision
If a user has, for example, had their account suspended or blocked, had content removed, or had any service restricted or terminated, the first step is to contact the platform directly. The same applies if a user has reported illegal content to a platform, but the platform informs the user that no action will be taken, or decides to leave the reported content accessible.
If a user receives a response or decision from a platform they are not satisfied with, the platform is obliged to allow the user to challenge the decision using its internal complaints-handling system.
A user who remains dissatisfied with the decision issued through the internal complaints-handling system may turn to one of the bodies responsible for out-of-court dispute resolution. A list of bodies certified to date can be found on the European Commission’s website (at the bottom of the page). For each of these bodies, the area of expertise and the languages in which proceedings may be conducted are indicated; when choosing a body, the user should consider which, in terms of expertise, would be best suited to resolve the specific case. Dispute resolution through these bodies is either free of charge for the user or subject to a nominal fee (approximately between 5 and 10 EUR).
In all of the above procedures, it is advisable to provide as much evidence as possible, such as correspondence with the platform, screenshots, relevant URLs, and similar documentation.
NOTE:
Please contact only one of the bodies responsible for out-of-court dispute resolution, as the platform may refuse to cooperate if multiple bodies initiate proceedings on the same user’s case.
IMPORTANT!
If a platform completely ignores a user’s complaint or fails to provide appropriate guidance on possible legal remedies, the user may submit a complaint under Article 53 to HAKOM using the prescribed form (for the purpose of establishing a potential DSA breach) and may simultaneously initiate proceedings before one of the bodies responsible for out-of-court dispute resolution (to resolve their individual case).