The European Commission announced the initiation of formal proceedings to investigate TikTok for potential breaches of the Digital Services Act (DSA), particularly focusing on the protection of minors. The investigation into the Bytedance-owned platform also encompasses issues related to advertising transparency, data access for researchers, and the management of risks associated with addictive design and content deemed harmful.
The probe was spurred by preliminary investigations, including the evaluation of a risk assessment report submitted by TikTok in September 2023 and the company’s responses to the Commission’s formal inquiries concerning illegal content, safeguarding minors, and data access protocols. With the DSA now in effect, the stakes are high for TikTok, as penalties for confirmed violations could amount to as much as 6% of its global annual turnover.
The European Commission’s investigation will scrutinize several key areas:
1. Systemic Risk Assessment and Mitigation: The probe will evaluate TikTok’s compliance with DSA obligations concerning the assessment and mitigation of systemic risks. This includes examining the negative effects potentially arising from TikTok’s design, particularly its algorithmic systems, which may promote behavioral addictions or lead users down so-called ‘rabbit hole effects.’ The investigation aims to ensure the protection of fundamental rights, including mental well-being and the rights of minors, and to assess TikTok’s measures against radicalization processes. Questions also arise regarding the effectiveness, reasonableness, and proportionality of TikTok’s age verification tools intended to shield minors from inappropriate content.
2. Privacy, Safety, and Security for Minors: The Commission will assess TikTok’s adherence to DSA requirements for implementing appropriate and proportionate measures to guarantee high levels of privacy, safety, and security for minor users. This includes a review of the default privacy settings for minors and the operation of TikTok’s recommender systems.
3. Advertisement Repository Transparency: The investigation will explore TikTok’s compliance with obligations to maintain a searchable and reliable repository for advertisements presented on its platform, ensuring transparency and accountability.
4. Data Access for Researchers: Lastly, the probe will address suspected deficiencies in providing researchers with access to TikTok’s publicly accessible data as mandated by Article 40 of the DSA. This aspect of the investigation underscores the importance of transparency and the role of independent research in understanding and mitigating the platform’s impact on users and society at large.
Designated as a Very Large Online Platform (VLOP) on April 25, 2023, TikTok reported having 135.9 million monthly active users in the EU, necessitating compliance with the DSA’s obligations for platforms of its size starting four months from its designation.
This investigation by the European Commission marks a significant step in enforcing the DSA and underscores the growing scrutiny on digital platforms regarding user safety, especially for minors. The outcome of this investigation could have wide-ranging implications for TikTok’s operations within the EU, potentially influencing broader industry standards on digital safety, transparency, and accountability. As the digital landscape continues to evolve, such regulatory measures play a crucial role in safeguarding users’ rights and well-being in the online environment.
