European Commission initiates formal proceedings to determine whether TikTok has infringed the DSA

European Commission initiates formal proceedings to determine whether TikTok has infringed the DSA

The European Commission is currently engaged in a formal investigation procedure to determine whether the TikTok platform may have infringed the Digital Services Act (DSA), mainly in relation to the protection of minors, transparency in the broadcasting of advertising content, access to data for researchers, as well as risk management in terms of the broadcasting of addictive and/or harmful content for users’ consumption derived from the platform’s system design.

Recent studies have shown that young people between the ages of 12 and 15 are the group most at risk of threats in the digital and social media environment due to their inexperience, naturally curious inclination to view “forbidden” content and the high connectivity they are exposed to on a daily basis, which significantly increases the likelihood of developing addictive behavior patterns.

TikTok and child protection: does it meet DSA requirements?

Platforms such as TikTok, which reach and are used by millions of children and adolescents around the world, must comply with the DSA and establish adequate and proportionate measures to ensure a high level of privacy for users, especially if they are minors, as well as the safety and security of users, in particular with regard to how privacy by default is set for minors as part of the design (whether it is addictive or not) and the functioning of its recommendation systems (the related content that is shown to users on such social network).

In this regard, the European Commission has serious doubts as to whether the measures used by TikTok to verify the age of its users and prevent minors from accessing inappropriate or offensive content could be considered “reasonable, proportionate and/or effective”.

Areas of investigation and implications for Tiktok

In summary, the areas intended to be assessed by the European Commission’s investigation are:

• (i) the risks implicit in the design of the application that may stimulate or aggravate behavioral addictions (TikTok is known for its “infinity scroll” design, offering random content with each swipe or scroll, i.e. constant gratification and stimulation – the so-called Rabbit Holes),
• (ii) the guarantees offered by the social network regarding users’ privacy,
• (iii) the specific security measures and protection of minors it offers (such as, for example, the age verification tools used, among others), and
• (iv) the legality and transparency of the advertising content displayed.

The Commission’s task will be to gather as much evidence as possible, through subpoenas and requests for information addressed to TikTok, conducting interviews and inspections, with the objective of determining compliance with the DSA.

For this purpose, no specific deadline has been set, but the duration of the investigation will depend on several factors such as the complexity of the case and the collaboration of the platform itself to reach a verdict on the matter.

Tiktok’s response on its protection of minors

In view of the above, TikTok has already commented on the investigation being carried out by the European Commission and assures that the platform is a pioneer in the implementation of protection measures for minors and that it will cooperate with the authorities to clarify all the doubts raised in this regard.

If it is finally determined that TikTok has breached the DSA, it could face fines of up to 6% of its global turnover, which would be quite a significant amount.