Booking.com Faces EU Probe Into Scams and Paid Listings

Proceedings opened Oct. 21 under the Digital Services Act examine fake listings, phishing safeguards and whether paid search boosts are clearly labeled as ads; no violation has been found.

By Wilson Montgomery 5 min read

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The European Commission has opened a formal investigation into whether Booking.com adequately protects travelers from fraudulent listings and phishing scams under the EU’s Digital Services Act. The proceedings also cover a separate concern: whether accommodation providers paying for better placement in search results are clearly identified as advertisers.

The investigation follows a preliminary review of Booking.com’s risk assessment reports from 2023 through 2026, transparency reports and responses to regulatory inquiries, according to Travel Weekly Asia. This is an examination of the platform’s systems for identifying and reducing risks, not a finding that Booking.com has broken the law.

The European Commission opened the proceedings on Oct. 21. Its announcement puts three parts of the booking process under scrutiny: the legitimacy of accommodation listings, the protection of reservation and guest information, and the transparency of paid visibility in search results.

Fake properties and fraudulent accommodation listings

According to the Commission, investigators will examine whether Booking.com properly identified and assessed systemic risks associated with illegal content on its platform. The listed concerns include nonexistent properties, impersonation fraud and noncompliant accommodation offers.

The inquiry goes beyond whether Booking.com recognized those risks on paper. The Commission will also assess whether the company put effective measures in place to reduce them, including removing fraudulent and noncompliant listings. Risk assessment and risk mitigation are separate parts of the examination: identifying a problem does not, by itself, establish that a platform has addressed it.

That distinction matters for travelers. The accommodation listing is where a booking decision begins, and the Commission’s inquiry explicitly includes whether the property being offered exists. Its announcement treats these listings as a consumer-protection issue, rather than simply a question of inaccurate advertising.

“Europeans should be able to book their holidays without fear of being scammed,” said Henna Virkkunen, executive vice president for tech sovereignty, security and democracy at the European Commission, according to Travel Weekly Asia.

Guest data and Booking.com messages face scrutiny

The second part of the investigation concerns phishing scams that exploit reservation and guest information. According to the Commission, investigators will focus on how Booking.com shares that information with accommodation providers, along with the design and functioning of its messaging service.

The Commission will examine whether Booking.com has sufficient safeguards to prevent data from being misused for phishing and fraudulent payment requests. It will also assess whether the company diligently evaluated and addressed the risks those scams pose to consumers.

For travelers, this is a different concern from a fake property listing. The regulatory questions extend to the handling of reservation information and the communication system surrounding a booking. The inquiry is therefore not limited to what travelers see while choosing accommodation; it also covers systems used to exchange information with providers.

The relevant distinction is between having a messaging service and having safeguards against its misuse. The Commission has not yet decided whether Booking.com’s protections are sufficient. That is one of the questions the formal proceedings are intended to answer.

When a higher search position is paid advertising

The advertising portion of the case addresses how accommodation options reach the top of a traveler’s search results. According to the Commission, accommodation providers can increase a listing’s visibility on Booking.com by paying a higher commission. Regulators are investigating whether those boosted listings are clearly recognizable as advertisements.

The Commission will also examine whether users can easily identify who is behind each advertisement, who paid for it, why it appears and how to change the settings that determine which ads they see.

This is not an allegation that every prominent listing is fraudulent. It is a separate transparency question about paid placement. As the Commission explains, travelers need to be able to distinguish between an accommodation option appearing prominently because it matches their search and one receiving that visibility because the provider paid for it.

For anyone comparing properties, that distinction is material. Search position and suitability are not the same thing when providers can pay for additional visibility. The investigation will assess whether Booking.com makes that commercial arrangement sufficiently clear, rather than asking travelers to work it out themselves.

Booking.com’s response and the enforcement process

Booking.com said it was cooperating fully with the Commission and engaging constructively with its DSA questions, according to a company spokesperson’s statement reported by PhocusWire. The company also said security, trust and protection of personal information were priorities, and reiterated its commitment to working with regulators, law enforcement and industry partners against online fraud.

The Commission’s preliminary work included formal requests for information sent on Sept. 23, 2025, and May 26, 2026, according to its announcement. It now plans an in-depth investigation as a priority, with further evidence gathering that may include additional information requests, interviews or inspections.

The legal provisions under examination carry distinct responsibilities. The Commission said the suspected risk-assessment and mitigation failures, if proven, would breach Articles 34 and 35 of the DSA. The advertising concerns fall under Article 26(1), which requires users to be able to identify advertisements and information about them.

According to Travel Weekly Asia, large platforms found to violate the DSA can face fines of up to 6% of global annual turnover. That is a potential penalty, not a fine imposed on Booking.com.

Formal proceedings also allow the Commission to take interim measures or issue a noncompliance decision. Alternatively, it can accept commitments from Booking.com to remedy the matters under investigation. The Commission emphasized that opening the case does not prejudge its outcome.

For travelers evaluating the news, the distinction is straightforward: regulators are examining whether Booking.com’s safeguards meet its legal obligations. They have identified specific areas of concern, but have not yet reached a final judgment on the platform’s compliance.

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