The European Commission has launched a new formal investigation against X under the Digital Services Act (DSA). The new investigation will assess whether the company properly assessed and mitigated risks associated with the deployment of Grok’s functionalities into X in the EU. This includes risks related to the dissemination of illegal content in the EU, such as manipulated sexually explicit images, including content that may amount to child sexual abuse material. These risks seem to have materialised, exposing citizens in the EU to serious harm. In light of this, the Commission will further investigate whether X complies with its DSA obligations to: (1) Diligently assess and mitigate systemic risks, including of the dissemination of illegal content, negative effects in relation to gender-based violence, and serious negative consequences to physical and mental well-being stemming from deployments of Grok’s functionalities into its platform; and (2) Conduct and transmit to the Commission an ad hoc risk assessment report for Grok’s functionalities in the X service with a critical impact on X’s risk profile prior to their deployment. In parallel, the Commission extended its ongoing investigation launched in December 2023 into whether X has properly assessed and mitigated all systemic risks, as defined in the DSA, associated with its recommender systems, including the impact of its recently announced switch to a Grok-based recommender system. If proven, these failures would constitute infringements of Articles 34(1) and (2), 35(1) and 42(2) of the DSA. The Commission will continue to gather evidence, for example by sending additional requests for information, conducting interviews or inspections, and may impose interim measures in the absence of meaningful adjustments to the X service. While the opening of formal proceedings does not prejudge its outcome, it empowers the Commission to take further enforcement steps, such as adopting a non-compliance decision. The Commission is also empowered to accept any commitment made by X to remedy the matters subject to the proceeding.
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