LinkedIn is ignoring EU law

The total ban of any type of tools is violating the Digital Markets Act of the European Union.

The legal argument is surprisingly clear and simple:

• In 2024 Linkedin got regulated as a ‘gatekeeper’ technology in the European Union.

• Gatekeepers must allow businesses access to their data, including the use of tools.

Article 6.10 of the DMA

“The gatekeeper shall provide business users and third parties (…) free of charge, with effective, high-quality, continuous and real-time access to, and use of, aggregated and non-aggregated data, including personal data, that is provided for or generated in the context of the use of the (…) platform“

In other words: business users in the European Union have the right to access their data in real-time, for free and to use tools (aka “third parties”) to do so.

LinkedIn’s total ban of tools is absurd

The Terms of Service (TOS) Linkedin forces upon it’s one billion users and millions of businesses are so strict - they are actually absurd.

In section 8.2.2, of it’s rules, LinkedIn demands that you do not:

• develop, support or use any software, devices, scripts, plugins, add-ons or any other technology to

• copy any type of data from LinkedIn

Wait, what?

Yes, that makes the use of any moderns browser illegal (they all use “cache memory” and keep a copy of the data on your local device)

The visually impaired are not allowed to use screen readers.

You can’t make a screen shot of Linkedin and save it.

You can not even copy & past the name of someone, because that would the use of “software” to “copy data” from Linkedin.

If think this can not be right, you are right - it’s against the law.

What LinkedIn should do instead

LinkedIn has repeatedly claimed that the ban on any type of tool is necessary to protect the integrity of their software and protect their users.

And that’s a total understandable argument - we all want the biggest professional network to be safe and stable.

But the answer to this is not an absurd ban of everything - it’s the creation of a marketplace with vetted, verified and safe tools and apps.

Apple, Google, Hubspot, Salesforce….everyone has to protect their users and the integrity of their platform. And all of them do so by maintaining an app store.

LinkedIn is half way there anyway

Linkedin is already offering API access

A US Judge has just rejected a settlement between US-based LinkedIn Premium users and LinkedIn, in which LinkedIn was accused of keeping competitors out of the market by giving some companies special access to user data, but only if they agreed not to compete with LinkedIn—allowing LinkedIn to charge higher prices.

Read this again: “giving some companies special access to user data”

Smells like anti-trust violations in the morning.

In other words, LinkedIn does offer an API to businesses. Just not to everyone and not on fair and transparent conditions. The California judge just threw out a settlement because it would have let LinkedIn off too easy.

Back to Europe:

In compliance with EU regulations, LinkedIn already published an API for EU based business. It’s painfully slow, rate limited and missing important endpoints.

But its here. It’s free. Accessible for everyone.

Why not make it work?

LinkedIn already has a Developer Program

Whether you make a deal with LinkedIn in the US or apply to use the API in Europe - LinkedIn already has the process in place to vet and verify developers wanting to access their data.

The missing step

There is an API, there is a Developer Program - the only two details missing are

• Updated Terms of Services that allow to use tools

• An API that is complete, fast and accessible for everyone.

And a website, where we can find all the great products, built by the people using the API.

Let’s make this happen

We are a non-profit association of commercial LinkedIn users with the goal to make Linkedin a better platform. We plan to do so through the following means:

Litigation: It’s the law

Whether it is Section 2 of the Sherman Act in the US, or Article 5-7 of the DMA in the European Union: Linkedin has to allow 3rd parties to build tools for its 1 billion users.

➡ We will seek and support private litigation enforcement to make Linkedin follow the law.

Negotiation: It’s safer for everyone

We all want safe and fair market conditions. LinkedIn unreasonable policy is putting it’s own system integrity, the safety of it’s users and the businesses building the much needed tools into peril.

Regulators and law makers mandate Linkedin to create safe and fair conditions for all.

➡ We will engage in consultations and conversations with regulators and law makers, helping them understand what is needed and necessary from Linkedin.

➡ This includes monitoring the speed, rate limits and capacity of Linkedin API and demand changes and improvements where necessary.

➡ We will also seek to have an open dialog with Linkedin as a regulated gatekeeper technology and help them understand and deliver what the market needs and the law demands.

The path is clear - and also quite expensive

The legal and regulatory pathway is exceptionally clear and not very long. European regulators and courts have shown, that they are willing to enforce the law and do so fast and efficient.

But it’s not free.

Legal and regulatory experts are rare and costly. You can support us by becoming a sponsor.

Every Euro counts, every voice helps.