Brussels, Belgium – In an important move to safeguard users’ digital rights and security, the European Commission has initiated formal proceedings against social media giant TikTok to investigate. potential violations of the Digital Services Act (DSA). This action underlines the EU’s commitment to implementing its groundbreaking legislation to regulate the digital space, notably in areas concerning the protection of minors, transparency of advertising, access to data for researchers and management content that could be considered harmful or addictive.
Following a preliminary investigation, which included a detailed analysis of TikTok’s risk assessment report submitted in September 2023 and the company’s responses to the Commission’s formal requests for information, the Commission identified several areas of concern. These include TIC Tackle compliance with DSA obligations related to systemic risks, such as the potential for algorithmic systems to foster behavioral addictions or lead users down harmful “rabbit hole effects.” The investigation will also examine the steps TikTok takes to protect minors, including the effectiveness of its age verification tools and default privacy settings, as well as the platform’s transparency around advertising and advertising. accessibility of data for research purposes.
If TikTok is found to have failed in these areas, it would constitute a violation of several sections of the DSA, signaling a violation of the obligations set forth for very large online platforms (VLOPs). TikTok, which reported having 135.9 million monthly active users in the EU as of April 2023, falls into this category and is therefore subject to strict compliance requirements under the DSA.
The formal procedure marks a critical phase in the Commission’s application of the DSA, allowing it to take further action, including interim measures and non-compliance decisions. The Commission may also accept any commitments made by TikTok to resolve the issues under investigation. It is important to note that the initiation of these proceedings does not imply a predetermined outcome nor does it limit the Commission’s ability to investigate other potential breaches of the DSA or other regulatory frameworks.
As the investigation progresses, the Commission will continue to collect evidence, potentially conducting interviews, inspections, and sending requests for additional information to TikTok. The duration of this in-depth investigation will depend on various factors, including the complexity of the case and the extent of TikTok’s cooperation.
This action by the European Commission clearly demonstrates the EU’s determination to ensure that digital platforms operate in a way that protects the rights and safety of users, in particular those of minors. It also highlights the comprehensive nature of the DSA, which applies to all online intermediaries operating within the EU, setting a global benchmark for digital regulation. As the debates unfold, the digital community and TikTok users will closely monitor the outcome and its implications for the future of digital services regulation in Europe and beyond.
Originally published in The European Times.
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