DSA: EU Commission launches investigation into TikTok

Brussels is taking on TikTok: The EU Commission has launched a formal investigation to review the Chinese video platform's compliance with the rules established by the Digital Services Act (DSA). The investigation targets TikTok's handling of youth protection, data protection, and advertising, the Commission announced on Monday in Brussels.

According to the information, the EU is concerned about precautions for youth and data protection that TikTok must take according to the DSA. These include, among other things, default data protection settings. However, the Commission is also looking at the potential risk of addiction arising from recommendation algorithms and “dark patterns” in product design.

Transparent enough?

Furthermore, the Commission is investigating whether TikTok has sufficiently fulfilled its obligation to provide transparent information about advertising on the platform. Finally, Brussels is also examining whether the prescribed access for scientists is secured.

“TikTok must take a close look at its services and carefully weigh the risks for users – young and old,” said Commission Vice President Margrete Vestager. The Commission will now get to the bottom of the matter but will conduct the investigation impartially.

Last autumn, the Commission had already asked TikTok, which belongs to the Chinese company ByteDance, its first questions about illegal content, youth protection, and data access. Based on a preliminary analysis of the answers and further investigation results, Brussels has decided to initiate formal proceedings.

Two months ago, the EU already opened a similar procedure against X (formerly Twitter). In the case of X as well, the Commission is examining the platform's DSA-compliant behavior regarding “risk management, content moderation, dark patterns, advertising transparency, and data access for scientists.”

“Very Large Online Platforms”

Digital platforms classified by the EU as “Very Large Online Platforms” (VLOPs) must comply with stricter requirements under the DSA. In addition to TikTok and X, these include platforms like Facebook, Instagram, or LinkedIn, but also porn portals and shopping providers like Amazon. Zalando has appealed against its classification as a VLOP.

Companies must regularly report on reported content, moderator interventions, and deletions. The EU Commission collects complaints in a database where affected users can then research the reasons for actions taken by platform operators.

The first of the affected companies have already published transparency reports, including TikTok. Otherwise, the balance of the first months was rather sobering. Consumer advocates also criticize that the large platforms are only half-heartedly implementing the new rules, if at all.

Meta and TikTok are now taking legal action against the EU, involving them in the costs of monitoring the DSA by law. According to its statements, the EU Commission needs around 45 million euros in 2024 alone to monitor compliance with the new legal framework with the help of 150 employees.

(vbr)