The European Union has initiated a comprehensive investigation into TikTok, the popular social media platform, due to growing concerns over child safety, its advertising practices, and privacy protocols. This probe, announced by the European Commission on February 19, 2024, seeks to determine if TikTok has violated the EU’s stringent Digital Services Act (DSA).
Key Focus Areas of the Investigation
The EU’s inquiry into TikTok centers on several critical issues:
- Mitigating Systemic Risks: The investigation will examine if TikTok has taken necessary steps to lessen systemic risks posed by its algorithmic systems. These include concerns over fostering behavioral addictions and leading users down “rabbit holes,” where they lose sense of time and neglect other responsibilities.
- Protection of Minors: A significant part of the probe is dedicated to evaluating the measures TikTok has implemented to guarantee minors’ privacy, safety, and security. This includes scrutinizing the default privacy settings provided for young users.
- Advertising Transparency: The European Commission is assessing TikTok’s efforts to maintain a transparent and accessible repository for its advertisements.
- Platform Transparency: The overall transparency of TikTok’s platform is under review, including how it manages and discloses information to its users.
TikTok had previously submitted a risk assessment analysis to the European Commission in September 2023, which led to further queries from the Commission regarding illegal content, the protection of minors, and data access issues in the following months.
Understanding the Digital Services Act (DSA)
The DSA, which came into effect on October 27, 2022, represents the EU’s ambition to regulate online platforms, aiming to create a safer digital environment. The act mandates online platforms to address illegal content, uphold users’ fundamental rights, and prevent the spread of misinformation. Non-compliance could result in fines up to 6% of a company’s global turnover.
Under the DSA, platforms are categorized based on their size and impact, with specific compliance deadlines set for each category. TikTok, having declared 135.9 million monthly active users in the EU as of April 25, 2023, falls into the category of Very Large Online Platforms (VLOPs), which had to comply with the DSA by August 31, 2023.
What’s Next for TikTok?
The formal proceedings against TikTok will be managed by Digital Services Coordinators or other competent authorities within EU Member States. This process enables the European Commission to potentially enforce interim measures or make non-compliance decisions. Although there is no set deadline for concluding these proceedings under the DSA, the Commission has the authority to extend the investigation as needed, including conducting interviews, inspections, or sending additional requests for information.
This investigation into TikTok follows a previous probe under the DSA into the social media company X, highlighting the EU’s commitment to enforcing its digital regulations rigorously. As the proceedings unfold, TikTok may need to make commitments to demonstrate its compliance with the DSA, showcasing the EU’s proactive stance in ensuring a safer and more transparent online environment for its citizens.
