Amsterdam, 27 October 2026 — The European Commission opened a formal investigation on 21 October 2026 into Booking.com to assess whether the booking platform has adequately addressed risks from fraudulent listings, phishing and unclear paid advertising, regulators announced.

Scope of the investigation

The probe is being carried out under the Digital Services Act (DSA). The Commission is examining whether Booking.com has sufficiently identified and mitigated systemic risks such as fake or non-compliant accommodation listings, misuse of user data for phishing or fraud, and whether paid promotions on the platform are clearly identifiable for users.

The Dutch competition and consumer authority, Autoriteit Consument & Markt (ACM), is cooperating in the inquiry because Booking.com is established in the Netherlands and the ACM is the national DSA supervisor for the country.

What the probe could mean for hotels

Platform lawyer Stephan Mulders of Blenheim Advocaten warned that an investigation of this kind typically prompts platforms to tighten enforcement. "Booking.com will likely scrutinise potential fraud and breaches of its terms more closely," Mulders said. That could translate into a higher frequency of warnings, temporary restrictions or in severe cases the closure of hotel accounts.

Booking.com accounts for a large share of European bookings — industry estimates indicate roughly two-thirds of hotel bookings in Europe go through online travel platforms, with Booking.com the largest among them — so any change in enforcement practices could have material effects for many properties.

Rules on suspensions and terminations

When an online platform restricts, suspends or ends services for a business user it must follow rules set out both in the DSA and in the Platform-to-Business (P2B) regulation. According to ACM guidance referenced by legal counsel, platforms should clearly state in their terms the reasons that may lead to restrictions or account termination and must provide motivated decisions to the affected business user.

• Notice period — in principle a platform must give a motivated notice at least 30 days before termination takes effect.
• Immediate termination — may be permitted in cases of repeated or serious breaches, but must still be justified and proportional.
• Transparent motivation — any restriction, suspension or termination should be communicated on a durable medium (for example, e-mail) with a clear explanation.

Legal precedent: hotels can contest closures

Mulders highlighted recent case law that shows hotels do not necessarily have to accept account closures without challenge. In 2025 the Amsterdam court prevented Booking.com from closing a hotel account because the platform had failed to prove a breach of its rules. In 2026 the Amsterdam Court of Appeal partially confirmed that judgment: it ruled Booking.com could not terminate the agreement solely over a single self-written review, but did find a separate unpaid invoice provided a valid ground for termination.

Those rulings underline that the legal basis and process for any closure will be closely scrutinised by courts and that businesses may successfully contest unjustified measures — provided they mount a robust legal defence.

Advice for hotels

Legal advisers recommend that hotels using Booking.com take proactive steps now to reduce the risk of enforcement action and to be ready to challenge any measures that are imposed:

• Review compliance with Booking.com's current terms and conditions and update internal policies where necessary.
• Set clear internal procedures for handling reviews, guest communication and platform-related disputes.
• Ensure messages and account notifications from Booking.com are routed to staff who check them promptly (not to spam folders).
• Respond quickly and carefully to any warnings or notices from the platform and keep a full record of correspondence.
• Document complaints and the way they were resolved to show good-faith compliance and proportional handling.

"Preventing problems is easier than trying to reopen a closed account afterwards," Mulders said, urging hoteliers to get their processes in order while the investigation is ongoing.

What happens next

The Commission's formal probe will now examine Booking.com's risk assessments, mitigation measures and transparency practices. If it finds serious shortcomings, regulators can demand changes and ultimately impose sanctions under the DSA framework. The ACM's involvement means the outcome will be closely watched by other national supervisors and platform participants across the EU.

Contact: Blenheim Advocaten (source contact provided in the original press release).

Source: Original press release