Discrimination in online housing advertising : the intersection of anti-discrimination law and platform regulation

Damjan, Matija (author), Strojan, Lucija (author)

With the digitalisation of the housing market, discriminatory practices have shifted from traditional print ads to online platforms, where algorithmic targeting and opaque content delivery systems can perpetuate exclusionary outcomes. The paper examines the legal challenges presented by discrimination in online housing advertising, concentrating on the interplay between EU anti-discrimination legislation and platform governance. It begins by analysing the limits of the current EU anti-discrimination framework, which offers protection on grounds of racial or ethnic origin, and sex in housing, but excludes many other protected grounds (for example, sexual orientation and religion or belief) and does not extend fully to the content of advertising. Particular attention is given to the Digital Services Act (DSA), which introduces a new regulatory approach to online platforms. The DSA requires platforms to remove illegal and discriminatory content upon notice and encourages them to define and prohibit discriminatory practices in their terms of service, tackling them through voluntary content moderation. It also ensures transparency in ad targeting and recommender systems and directly prohibits targeted advertising based on sensitive categories of personal data. Very large online platforms (VLOPs) are further required to assess and mitigate discrimination as one of the systemic risks that can cause potential societal harm. However, several regulatory gaps exist, including the limited scope of DSA obligations, the absence of enforceable rights for users, and the challenge of addressing proxy and intersectional discrimination. A more integrated legal framework should combine anti-discrimination principles with structural platform accountability to ensure equal access to housing in the digital age.

• Language: English
• Keywords: discrimination, housing advertising, online platforms, VLOP, algorithmic bias, proxy discrimination, Digital Services Act, anti-discrimination law, recommender systems, content moderation, systemic risk
• Work type: Scientific work
• Typology: 1.16 - Independent Scientific Component Part or a Chapter in a Monograph
• Organization: PF - Faculty of Law
• Publication status: Published
• Publication version: Author Accepted Manuscript
• Submitted for review: 22.07.2025
• Article acceptance date: 09.09.2025
• Publication date: 20.02.2026
• Year: 2026
• Number of pages: 3-40
• PID: 20.500.12556/RUL-179766
• DOI: https://doi.org/10.1007/978-3-032-16296-0_1
• COBISS.SI-ID: 269502467
• Publication date in RUL: 25.02.2026

Record is a part of a monograph

• Title: Discrimination in online housing advertising : the intersection of anti-discrimination law and platform regulation
• Place of publishing: Cham
• Publisher: Springer
• Year: 2026
• ISBN: 978-3-032-16295-3
• COBISS.SI-ID: 269489923

Projects

• Funder: ARRS - Slovenian Research Agency
• Project number: P5-0337
• Name: Pravni izzivi informacijske družbe