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On October 21, 2026, the European Commission initiated a formal investigation into Booking.com. The Commission is investigating, among other things, whether the booking platform takes sufficient measures against fraudulent listings and phishing. According to platform lawyer Stephan Mulders of Blenheim Advocaten, the investigation could also have major consequences for hotels that offer their rooms through Booking.com.
Mulders expects that as a result of the investigation, Booking.com will be more critical of possible fraud and violations of its terms and conditions. This could lead to hotels facing warnings, restrictions, or, in the extreme case, closure of their account, more quickly.
“Such an investigation usually has a major impact on the internal organization of a platform,” says Mulders. “Booking.com will likely become more critical of possible fraud and violations of its terms and conditions. Hotels should therefore take into account stricter enforcement.”
The impact of this can be significant. Booking.com is the largest platform for online accommodation bookings worldwide. According to recent figures, approximately two-thirds of European hotel bookings are made through booking sites using Booking.com.
The investigation is based on the Digital Services Act (DSA). Booking.com may have violated that legislation by not sufficiently assessing or effectively limiting risks related to fraudulent listings and phishing.
The Dutch Consumer and Market Authority (ACM) is also participating in the investigation. The ACM is the regulatory authority for DSA in the Netherlands. Because Booking.com is based in the Netherlands, the regulatory authority is working together with the European Commission on this investigation.
According to the regulators, the investigation focuses on three key aspects:
Fraudulent and non-compliant listings. It is being investigated whether Booking.com has sufficiently assessed the risks of fraudulent listings and is taking measures to mitigate those risks.
Phishing and data abuse. The Commission is looking at risks where user data is misused for fraud and phishing.
Paid advertising impressions. It is also being investigated whether it is clear enough to users when paid advertising is present on the platform.
According to Mulders, the research can be indirectly noticeable for hotels that use Booking.com.
“I’ve seen this before at Bol.com, which was investigated by the ACM. I’ve assisted many Bol sellers who noticed that there was stricter control and less leeway for discretion. I expect Booking.com will also be critical of its enforcement.”
Therefore, according to Mulders, it is wise for hotels to reassess their practices and compliance with Booking.com's terms and conditions. Violating the Booking terms and conditions can lead to the closure of the hotel account.
When a platform decides to restrict, suspend or terminate its services to a business user, there are rules in place for that. These rules are set out, among other things, in the European Platform-to-Business Regulation (P2B Regulation).
According to the guidelines of the ACM, online platforms must specify in their terms and conditions the reasons why they may suspend, restrict or terminate their service to a business user. If a platform actually takes such a measure, it must justify that decision. In the event of termination, the business user must in principle receive a justification at least 30 days before the termination takes effect.
According to Mulders, the following points are particularly important for hotels:
Clear rules. For business users, it must be clear in advance what actions may lead to the restriction, suspension, or termination of service provision. The ACM emphasizes that these reasons must be included in the general terms and conditions.
Term for termination. Upon termination, in principle, a justification must be provided to the business user at least 30 days before it takes effect. In the event of repeated violations, Booking.com may terminate the account immediately.
Clear justification. A platform must justify a restriction, suspension or termination and provide this justification on a durable medium, for example by email, to the business user.
Proportionality. A platform must also behave fairly towards the hotels. A closure often has a huge impact on a hotel’s operations. Booking.com therefore cannot close the account due to every minor mistake and must first investigate whether lighter measures are possible.
According to Mulders, this means that a hotel does not have to give up its account without a fight when an account is closed.
Mulders points out that in a conflict with Booking.com, not only the alleged violation is important, but also the legal basis for the measure.
“A closure by Booking.com can have enormous commercial consequences for a hotel. That is why it is important to immediately assess why the account was closed, what conditions Booking.com bases its decision on and whether the measure is legally valid.”
In 2025, the Amsterdam District Court banned Booking.com from closing a hotel account. Booking.com could not prove that the hotel had violated its rules. In 2026, the Amsterdam Court of Appeal partially upheld this ruling. According to the court, Booking.com was not allowed to terminate the agreement because the hotel had written one of its own reviews. However, the court found that the hotel had not paid Booking.com a bill, which created a new reason for termination anyway. According to Mulders, hotel owners can therefore still challenge a closure:
“Hotels do not necessarily have to accept closure. This is evident from recent case law of the Amsterdam Court of Appeal. But you need to approach the legal process with thorough preparation. A mistake in the process can have major consequences.”
According to Mulders, hotels can already prepare themselves for potentially stricter controls by Booking.com:
“Just as Booking.com is tightening its controls, it is important for hotels to have their internal processes in order,” said Mulders. “Prevention is easier than trying to reopen a closed account afterwards.”
