Today, the Commission notified TikTok of its preliminary opinion that the company fails to meet the Digital Services Act (DSA)s requirement to maintain an ad repository. This repository is crucial for researchers and civil society to identify fraudulent ads, hybrid threat campaigns, and coordinated misinformation efforts, especially during elections.
The Commission found TikTok lacking in providing essential information about ad content, targeted users, and ad sponsors. Additionally, the ad repository does not support comprehensive public searches, reducing its effectiveness.
The preliminary findings stem from a detailed investigation, including analysis of company documents, testing TikToks tools, and expert interviews. By issuing these findings, the Commission signals TikToks potential DSA breach, pending the investigations outcome.
Next Steps
TikTok can defend itself by reviewing the Commissions investigation files and responding in writing. Simultaneously, the European Board for Digital Services will be consulted.
If confirmed, the Commission might declare non-compliance, leading to fines up to 6% of TikToks global annual revenue, alongside enhanced supervision to ensure compliance. Periodic penalties might also be imposed to enforce adherence.
Background
On 19 February 2024, the Commission initiated formal proceedings to determine if TikTok breached the DSA. The proceedings also address concerns about TikToks algorithmic impacts, such as rabbit hole effects and behavioral addiction, along with minors privacy and security, and data access for research.
Further proceedings against TikTok were opened in December 2024 regarding its election-related risk management, with ongoing investigations prioritized by the Commission.
The Commission has also established a whistleblower tool, allowing anonymous reporting to aid the Commissions oversight of compliance by Very Large Online Platforms (VLOPs) and Search Engines (VLOSEs).