EU Opens Booking.com Investigation Into Scam Listings and Paid Rankings

The European Commission opened a formal investigation into Booking.com on Oct. 21, examining whether the travel platform adequately protects users from scam listings and phishing while clearly identifying paid search placements.

The inquiry will examine how Booking.com assesses and reduces risks tied to nonexistent properties, impersonation and accommodation listings that do not meet legal requirements. It concerns the platform’s safeguards, rather than a finding that any particular listing was fraudulent.

Investigators will also review risks arising when reservation and guest information is shared with accommodation providers. Booking.com’s messaging service is part of that review, including whether it could be used to send phishing messages or fraudulent payment requests. The proceedings do not establish that guest data was misused or that a breach occurred.

A separate part of the inquiry focuses on search results. The Commission will assess whether travelers can recognize listings placed more prominently because accommodation providers pay higher commissions, and whether those placements meet the Digital Services Act’s advertising disclosure requirements.

Booking.com has been designated a very large online platform under the Digital Services Act since April 25, 2023. The possible violations under review concern requirements for assessing and reducing systemic risks and for making advertising identifiable to users.

For some intentional or negligent DSA violations, fines can reach 6% of the provider’s worldwide turnover for the previous financial year. That figure is a statutory maximum, not a penalty proposed or imposed against Booking.com. The opening of proceedings does not determine whether the company broke the law.

The Commission’s preliminary review included Booking.com’s risk assessments and transparency reports, as well as responses to earlier information requests. Investigators plan to seek further evidence through additional requests, interviews or inspections.