Bits of Freedom has filed a request for enforcement with the Authority on Consumers and Markets (ACM) centred around manipulative design in notifications sent by Snapchat. 

Research findings point at forbidden notifications

We conducted technical research into Snapchat's notifications last year. The Digital Services Act, the European law on platforms, is clear in its prohibition of manipulative design on very large platforms. However, our research concludes that Snapchat sends notifications that contain manipulative design. This concerns three types of notifications: 

• Fake friend notifications: Snapchat sends notifications on behalf of accounts, which imply to have been sent by the account itself. However, Snapchat is sending these messages.  The messages refer to content posted by the account, encouraging users to open the notification. 
• Notifications with false information. During our investigation we received a notification from Snapchat with the text “Check out this spotlight post from a creator you follow”. We didn’t follow anyone. 
• Time sensitive notifications. Snapchat marks notifications regarding permanent content as time sensitive, 1) increasing urgency with users to view content and 2) causing these notifications to override focus modes on smartphones (such as ‘do not disturb’). All the while the notification doesn’t link to time sensitive content, but to permanent content. In doing so, Snapchat creates unnecessary pressure. 

Request for enforcement

Based on the above alleged breaches of the law, we’ve submitted a request for enforcement with the ACM. The ACM is the Dutch regulator for to the DSA. Because Snapchat resides in the Netherlands, the ACM has to regulate the platform. A request for enforcement is an administrative measure through which we can ask the ACM to act on the alleged breaches. The ACM must decide on the request, which can be contested or objected against. Because of that, a request for enforcement is a stronger measure than a complaint, wherein the ACM isn’t bound to make a decision. 

In the request for enforcement we’ve asked the ACM to act on these notifications sent by Snapchat. We’ll keep you posted on the outcomes!