Attorneys for adult content platforms Pornhub and Stripchat appeared before the European Union’s General Court this week, contesting the European Commission’s designation of both sites as Very Large Online Platforms (VLOPs) under the Digital Services Act (DSA). Both companies argue that the Commission relied on inaccurate third-party data and disregarded their own internal user metrics.

Under the DSA, online platforms with over 45 million monthly active users in the EU are classified as VLOPs, triggering heightened obligations around content moderation, algorithmic transparency, and child safety measures—alongside mandatory supervisory fees and direct oversight by EU regulators.

Representing Aylo Freesites, Pornhub’s parent company, attorney Christopher Thomas criticized the Commission’s reliance on Similarweb estimates, which put Pornhub’s user count above the threshold. Thomas pointed out that Pornhub’s own disclosures indicate 28.2 million monthly EU users, far below the 45 million mark.

“If the commission rejects the providers’ [Pornhub’s] methodology as unreliable, then it must apply the same rigorous scrutiny to any alternative estimate it chooses to rely on,” Thomas argued.

He further questioned the transparency and validity of Similarweb’s methodology, noting that the Commission lacked clarity on the source and calculation of the third-party data.

In response, Paul-John Loewenthal, representing the European Commission, conceded that user metrics are inherently estimates, but maintained that Pornhub’s designation was a proactive safety measure, particularly in regard to minors accessing adult content.

“Pornhub is among the top 20 most visited websites globally,” Loewenthal said, noting that the Commission had estimated EU user figures to be well above 45 million, referencing a Similarweb estimate of 75 million.

Loewenthal also questioned the reliability of Pornhub’s reported user count, which came in 10 million below the threshold during the initial 2023 disclosure period.

In a separate but related hearing, attorneys for Technius, Stripchat’s parent company, similarly challenged the platform’s former VLOP status. Although the Commission revoked Stripchat’s VLOP classification in May 2025, the company is now seeking a retroactive annulment of the original designation.

Attorney Tobias Bosch, representing Technius, argued that the original classification was based on data later shown to be inaccurate, again pointing to Similarweb figures that were eventually revised downward, putting Stripchat below the 45 million user threshold.

Bosch told the court that the incorrect VLOP status not only forced Stripchat to pay regulatory fees but also opened the platform to heightened scrutiny and potential investigations for DSA violations that should never have applied in the first place.

“Stripchat should at no time have been regulated as a VLOP by the Commission,” Bosch stated. “The factual situation has changed, and the platform’s actual reach did not meet the criteria for VLOP designation.”

For both platforms, the court cases carry financial and regulatory implications. A successful annulment for Pornhub would relieve the platform of continued DSA supervisory obligations, while a retroactive reversal for Stripchat could potentially allow it to recoup regulatory fees and challenge ongoing legal actions linked to its former VLOP status.

Both companies are headquartered outside the EU but operate within its jurisdiction through subsidiaries in Cyprus, making them subject to enforcement under the DSA.

The European Commission maintains that it used reasonable estimates and analysis in assigning the VLOP designations and continues to defend the classifications as necessary for user safety and platform accountability.

The General Court’s decisions in these cases are still pending. If successful, the challenges could set a precedent for how the Commission applies user data in DSA enforcement, particularly for adult content platforms and other niche services where third-party data accuracy is contested.