Exchanges with Telegram
Alexander Fanta made this access to documents request to Communications Networks, Content and Technology Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.
Dear Communications Networks, Content and Technology,
Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:
- All exchanges between the European Commission and the Telegram Messenger service and its representatives on the Digital Services Act since 19 October 2022. This is meant to include letter, e-mails, and any other document. This request shall encompass any exchanges on the requirement to publish user numbers, as well as any other exchange concerning compliance by Telegram with the Digital Services Act.
- Internal deliberations within the European Commission and between national regulators on the compliance of Telegram with the Digital Services Act. This is meant to include, for instance, any communication with German regulators (Bundesamt für Justiz) on Telegram's compliance.
Yours faithfully,
Alexander Fanta
Follow the Money
Rue Auguste Orts 2
1000 Bruxelles
Your message has been received by the Transparency Unit of the
Secretariat-General of the European Commission.
Requests for public access to documents are treated on the basis of
[1]Regulation (EC) No 1049/2001 of 30 May 2001 regarding public access to
European Parliament, Council and Commission documents.
The Secretariat-General will reply to your request within 15 working days
upon registration of your request and will duly inform you of the
registration of the request (or of any additional information to be
provided in view of its registration and/or treatment).
L’unité «Transparence» du secrétariat général de la Commission européenne
a bien reçu votre message.
Les demandes d’accès du public aux documents sont traitées sur la base du
[2]règlement (CE) n° 1049/2001 du 30 mai 2001 relatif à l’accès du public
aux documents du Parlement européen, du Conseil et de la Commission.
Le secrétariat général répondra à votre demande dans un délai de 15 jours
ouvrables à compter de la date d’enregistrement de votre demande, et vous
informera de cet enregistrement (ou vous indiquera toute information
supplémentaire à fournir en vue de l'enregistrement et/ou du traitement de
votre demande).
Ihre Nachricht ist beim Referat „Transparenz“ des Generalsekretariats der
Europäischen Kommission eingegangen.
Anträge auf Zugang zu Dokumenten werden auf der Grundlage der
[3]Verordnung (EG) Nr. 1049/2001 vom 30. Mai 2001 über den Zugang der
Öffentlichkeit zu Dokumenten des Europäischen Parlaments, des Rates und
der Kommission behandelt.
Das Generalsekretariat beantwortet Ihre Anfrage innerhalb von
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im Hinblick auf dessen Registrierung und/oder Bearbeitung) unterrichten.
References
Visible links
1. https://eur-lex.europa.eu/legal-content/...
2. https://eur-lex.europa.eu/legal-content/...
3. https://eur-lex.europa.eu/legal-content/...
Dear Sir or Madam,
We hereby acknowledge the receipt of your request for access to documents
sent on 12/03/2024 and registered on 12/03/2024 under the case number
2024/1368.
We will handle your request within 15 working days as of the date of
registration. The time-limit expires on 05/04/2024. We will let you know
if we need to extend this time limit for additional 15 working days.
To find more information on how we process your personal data, please see
[1]the privacy statement.
Yours faithfully,
Secretariat-General - Access to Documents
European Commission
References
Visible links
1. https://ec.europa.eu/info/principles-and...
Dear Sir,
We refer to your request for access to documents, registered under the
reference number EASE 2024/1143.
Your application is currently being handled. However, we will not be in a
position to complete the handling of your application within the time
limit of 15 working days, which expires today.
An extended time limit is needed as different consultations need to be
done.
Therefore, we have to extend the time limit with 15 working days in
accordance with Article 7(3) of Regulation (EC) No 1049/2001 regarding
public access to documents. The new time limit expires on 15 April 2024.
We apologise for this delay and for any inconvenience this may cause.
Yours faithfully,
DG CONNECT Access to Documents Team
Dear Sir,
We refer to your request for access to documents, registered under the
reference number EASE 2024/1368.
Your application is currently being handled. However, we will not be in a
position to complete the handling of your application within the time
limit of 15 working days, which expires today.
An extended time limit is needed as different consultations need to be
done.
Therefore, we have to extend the time limit with 15 working days in
accordance with Article 7(3) of Regulation (EC) No 1049/2001 regarding
public access to documents. The new time limit expires on 26 April 2024.
We apologise for this delay and for any inconvenience this may cause.
Yours faithfully,
DG CONNECT Access to Documents Team
Hello,
Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2024/1368.
Please acknowledge the receipt of this message by return email.
Kind regards,
DG CONNECT Access to documents Team
Dear European Commission,
I am filing the following confirmatory application with regards to my access to documents request 'Exchanges with Telegram'.
In regard to the redaction on top of Document 2, I would like to understand why the Commission considers this part to fall out of the scope of my request. As I assume it must be related to Telegram and the DSA, I ask to re-examine this bit and give access.
In regard to Document 3, I would like to challenge withholding the document under the commercial interest exception. I argue that DG Connect made an error in law by an overly broad application of this provision. European Ombudsman rulings state that as not all information about a company is commercially sensitive, a test should be performed each time to conclude whether the exception applies (see European Ombudsman Case: 1701/2011/ANA 24 June 2013; Case: 676/2008/RT 07 July 2010.) The goal should be to determine whether disclosure would actually undermine the commercial interests of the company (see European Ombudsman Case: 1922/2014/PL 30 August 2016). I note that in several cases the Ombudsman has found insufficient grounds for refusal (European Ombudsman Case: 676/2008/RT 07 July 2010; Case: 181/2013/AN 16 February 2015). I further note that the Commission is not bound by objections from the third party involved.
As regards to the claim by the Commission that disclosure of the "third party’s activities, positions, strategies and views, in particular relating to the implementation of the Digital Services", would undermine its position on the market and therefore its commercial interest, I contend that compliance with the Digital Services Act should be considered as a legal obligation, not a "market position". If a company is seen to be in non-compliance, or serious doubt about its compliance is raised, this should not be seen as commercial interest worth protecting. (In analogy, would the Commission have classed questions about Wirecard's missing billions on the balance sheet as "commercial secret"?) On the contrary, as concrete numbers of actual business figures such as revenue projections, etc are concerned, these can easily be redacted while still giving access to wide parts of the document.
Lastly, I would like to argue for an overriding public interest in disclosure. I believe that withholding any information about Telegram's DSA compliance deprives the public from adequately judging the character of the company, and the safety of use of its offerings.
Yours faithfully,
Alexander Fanta
Follow the Money
Rue Auguste Orts 2
1000 Bruxelles
Dear Sir or Madam,
We hereby acknowledge the receipt of your confirmatory request for case
2024/1368, sent on 12/04/2024 and registered on 12/04/2024.
We will handle your confirmatory request within 15 working days as of the
date of registration. The time-limit expires on 06/05/2024. We will let
you know if we need to extend this time limit for additional 15 working
days.
Yours faithfully,
Secretariat-General - Access to Documents
European Commission
Dear Sir,
We refer to your request for access to documents registered under the
reference number 2024/1143.
Unfortunately, we are not able to send the reply to your application
within the given time limit, which expires today.
You will receive the reply to your application as soon as possible.
We apologize for this delay and for any inconvenience this may cause.
Yours faithfully,
DG CONNECT Access to Documents Team
Dear Mr Fanta,
We are writing concerning your confirmatory request for access to
Commission documents for case EASE 2024/1368 registered on 12/04/2024.
We are currently working on your confirmatory request. However, we have
not yet been able to gather all the elements necessary to carry out a full
analysis of your request. Due to the need to conduct internal
consultations, we will not be able to send you the reply within the
prescribed time limit expiring on 06/05/2023.
Therefore, in line with Article 8(2) of [1]Regulation (EC) No 1049/2001 we
need to extend this time limit by 15 additional working days. The new time
limit expires on 29/05/2024.
We apologise for any inconvenience this may cause.
Kind regards,
SG C.1 - Access to documents team
References
Visible links
1. https://eur-lex.europa.eu/legal-content/...
Dear FANTA, Alexander,
Please find attached the electronic version of European Commission
Decision C(2025)2631 as adopted by the European Commission on 24/04/2025
concerning the request 2024/1368.
In accordance with the Terms and Conditions of this portal, please note
that this decision is being formally notified pursuant to article 297 TFEU
through this electronic platform only.
Yours sincerely,
European Commission
Access to Documents - SG C1