How to file a claim?

As set out in Article 53 of the Digital Services Regulation (EU) 2022/2065, you may lodge a complaint with the CNMC if you are a user established or located in Spain and consider that a provider of that service is not complying with its obligations under the Digital Services Regulation

The CNMC, in its capacity as Digital Services Coordinator, is empowered to supervise compliance with the due diligence obligations imposed by the Digital Services Regulation on providers of online services offered in Spain, but you should bear in mind that, under no circumstances, is the CNMC competent to moderate or remove content, to act as an appeal body for decisions made by online service providers, or to settle disputes between different parties or different users. 

If you disagree with a content moderation decision by the provider, for example, because content you consider lawful and compatible with the terms and conditions has been removed, or because your account has been suspended, please note that the Digital Services Regulation provides for the following two avenues to appeal such a decision:

1. The Provider’s Internal Complaints Mechanism: The Digital Services Regulation stipulates that online platform providers (including all marketplaces and social media platforms) are required to have an internal complaints-handling mechanism in place, so that service users can lodge a complaint against content moderation decisions made by the platform/services, as set out in Article 20(1) of the Regulation.
2. Out-of-Court Dispute Resolution: If your issue is not resolved after using the provider’s internal mechanism, you may consider out-of-court dispute resolution options. Article 21 of the Regulation establishes the obligation for online platform providers to provide information on this option via their interface, and they must also cooperate in good faith with the selected out-of-court dispute resolution body.

You can find information on the dispute resolution bodies certified by the Digital Services Coordinators at: 

Out-of-court dispute settlement bodies

If you consider that the provider has failed to comply with its obligations under the Digital Services Regulation, either by failing to take the measures required of it in relation to the intermediary service in question, or by having done so incorrectly, you may submit a complaint via the CNMC’s online portal 

Electronic headquarters

Once the CNMC receives your complaint, it will assess whether it is valid and falls within the scope of the Digital Services Regulation. During this process, the CNMC may contact you to request further information. If the complaint falls within the remit of another national authority or Digital Services Coordinator in another country, your complaint will be forwarded to the competent authority. 

If your complaint concerns a service provider established in Spain, the CNMC, as the Digital Services Coordinator, will assess whether the provider has taken the measures required by the regulations and, should any breaches be detected, may take action against the provider. This does not imply that individual decisions will be reversed or that a favourable outcome for the complainant is guaranteed. The aim is to ensure that digital services operate in accordance with the Digital Services Regulation; therefore, the expected outcome is supervisory or disciplinary action against the provider.