February 19, 2024 DSABy DICOPO

The European Commission investigates TikTok under the Digital Services Act

The European Commission has initiated a formal investigation into TikTok’s compliance with the recently enacted Digital Services Act. This action signifies the EU’s growing assertiveness in regulating online platforms, particularly those with a large user base.

The focus of the investigation centers on four key areas:

  1. The Commission will assess whether TikTok’s design, including its algorithms, poses a systemic risk of addiction or other harmful behavioral patterns among users.
  2. Compliance with DSA regulations concerning the safety and privacy of minors will be scrutinized. This includes examining default privacy settings for minors within TikTok’s recommendation systems.
  3. The investigation will determine if TikTok maintains a readily searchable and reliable repository of advertisements displayed on its platform, as mandated by the DSA.
  4. The Commission will evaluate whether TikTok adheres to Article 40 of the DSA, which requires platforms to be transparent about their operations.

Potential violations of these provisions could constitute infringements of specific articles within the DSA (34(1), 34(2), 35(1), 28(1), 39(1), and 40(12)). It is important to note that this investigation is separate from any potential future actions related to illegal content dissemination or criminal activity reporting.

The initiation of formal proceedings empowers the Commission to pursue further enforcement measures, including temporary restrictions and non-compliance rulings. This case serves as a precedent for the EU’s commitment to holding large online platforms accountable for their impact on users and adherence to the evolving legal landscape of the digital world.

The press release is available here.