X has officially updated its developer agreement to grant European Union researchers access to its API, a strategic move designed to align the platform with the EU’s Digital Services Act (DSA) requirements regarding systemic risk analysis.
Pressure From the EU Leads to Policy Shift
Earlier this year, EU top diplomat Josep Borrell publicly criticized the platform—then known as Twitter—for potentially stifling academic research. Borrell warned that Elon Musk’s decision to dismantle free API access could severely hinder the study of disinformation flows, a critical concern for European authorities.
The Rising Threat of Disinformation
Concerns regarding the societal impact of disinformation have intensified across the EU following Russia’s invasion of Ukraine. This geopolitical tension has been exacerbated by Musk’s own divisive tweets and retweets, which have frequently drawn international scrutiny.
DSA Compliance and Regulatory Stakes
The European Commission holds significant enforcement power under the DSA, which mandates that Very Large Online Platforms (VLOPs) actively mitigate systemic risks. Failure to comply with these regulations can result in severe financial penalties, reaching up to 6% of a company’s total global revenue.
Most recently, EU officials have demanded transparency from X regarding how the platform manages illegal content and disinformation related to the Israel-Hamas war. While the Commission has yet to launch a formal investigation, it has maintained consistent pressure on X through public warnings and formal requests for information.
Is the DSA Regulation Actually Working?
Although the Commission’s recent warnings have not focused exclusively on data access, officials are likely to view X’s new policy as a validation of the DSA’s effectiveness. By providing DSA-specific data access to vetted European researchers, X is prioritizing legal compliance within the region.
It remains unclear if CEO Linda Yaccarino and Elon Musk plan to implement a broader program for researchers outside of the EU. For now, the platform appears to be limiting data access specifically to fulfill its legal obligations within the European market.
The New Developer Agreement Terms
The following text outlines the specific amendments X has made to its developer agreement regarding DSA-compliant research:
“Notwithstanding anything to the contrary in this Agreement, to the extent you are provided access to the Licensed Material pursuant to the procedures described in Article 40 of the Digital Services Act (Regulation (EU) 2022/2065) (“DSA”), your access and use of the Licensed Material is limited solely to performing research that contributes to the detection, identification and understanding of systemic risks in the European Union and only to the extent necessary for X to comply with its obligations under the DSA. Any such use of the Licensed Material is non-commercial as described in Section III(B) of this Agreement. You may not disclose, reproduce, license, or otherwise distribute the Licensed Material (including any derivatives thereof) that you retrieve through the X API to any person or entity outside the persons within your organization necessary to perform the research, unless (i) the information is disclosed to the Digital Services Coordinator or other party specifically permitted by the DSA pursuant to the “vetted researcher” status and procedures described in Article 40, or (ii) disclosure is required by law.”
