TikTok social media – Photo by cottonbro on Pexels
(BRUSSELS) – The European Commission opened formal proceedings Monday to assess whether TikTok may have breached Internet rules over protection of minors and advertising transparency.
Possible breaches under the EU’s Digital Services Act (DSA) also include areas such as data access for researchers, and the ‘risk management of addictive design and harmful content’.
The Commission says it has decided to open proceedings against TikTok on the basis of a preliminary investigation conducted so far, including on the basis of an analysis of the risk assessment report sent by TikTok in September 2023, as well as TikTok’s replies to formal Commission Requests for Information (on illegal content, protection of minors, and data access).
“The safety and well-being of online users in Europe is crucial,” said EC vice-president Margrethe Vestager: “TikTok needs to take a close look at the services they offer and carefully consider the risks that they pose to their users – young as well as old. The Commission will now carry out an in-depth investigation without prejudice to the outcome.”
The proceedings will focus on areas such as the design of TikTok’s system, including algorithmic systems, that may stimulate behavioural addictions and/ or create so-called ‘rabbit hole effects’, the risks to mental well-being and to the rights of the child, age verification tools, measures taken to ensure a high level of privacy, safety and security for minors, and measures taken by TikTok to increase the transparency of its platform.
The opening of formal proceedings empowers the Commission to take further enforcement steps, such as interim measures, and non-compliance decisions. The Commission is also empowered to accept any commitment made by TikTok to remedy on the matters subject to the proceeding.
TikTok was designated a Very Large Online Platform (VLOP) on 25 April 2023 under the DSA, following its declaration of having 135.9 million monthly active users in the EU. As a VLOP, four months from its designation, TikTok had to start complying with a series of obligations set out in the DSA.
EU Official Journal text on the DSA
Very large online platforms and search engines under the DSA
