TikTok Faces EU Scrutiny Over Alleged Non-compliance With Digital Services Act

In connection with TikTok's obligation to accurately assess and mitigate systemic risks associated with election integrity, particularly in light of the recent Romanian presidential elections on November 24, the European Commission formally opened proceedings against the company on December 16 for a suspected violation of the Digital Services Act (DSA).

Commission President, Ursula von der Leyen, said, “We must protect our democracies from any kind of foreign interference. Whenever we suspect such interference, especially during elections, we have to act swiftly and firmly. Following serious indications that foreign actors interfered in the Romanian presidential elections by using TikTok, we are now thoroughly investigating whether TikTok has violated the Digital Services Act by failing to tackle such risks. It should be crystal clear that in the EU, all online platforms, including TikTok, must be held accountable.”

The following areas will be connected to the proceedings, which will centre on managing the dangers to elections or civic discourse: TikTok's recommender systems, particularly the dangers associated with automated exploitation of the service or coordinated inauthentic manipulation. TikTok's rules regarding sponsored political content and political ads.

Regarding these components, the Commission will examine whether TikTok has taken reasonable precautions to reduce the risks associated with certain regional and linguistic dimensions of national elections.

These deficiencies would be violations of Articles 34(1), 34(2), and 35(1) DSA if the Commission's concerns were validated.

Information from third-party reports and declassified intelligence files obtained by Romanian authorities is taken into consideration in this decision to launch an investigation. The probe also looks at the risk assessment reports that TikTok filed in 2023 and 2024, the responses to the Commission's information requests, and internal documents that TikTok made available.

Formal procedures provide the Commission with the authority to pursue additional enforcement actions, including non-compliance rulings and temporary measures. Additionally, the Commission has the authority to accept any promise TikTok makes to address the issues at hand.