The European Commission has launched an investigation into whether the social media app TikTok has broken laws regarding the protection of minors and addictive design.
With its 135.9 million monthly users in the EU, TikTok is classified as a "very large online platform" (VLOP) within the framework of the European Digital Services Act (DSA) to better protect internet users, which is subject to the strictest rules. However, the EU suspects that the platform is not complying with the rules regarding the protection of minors, among other things.
"The protection of minors is a top enforcement priority for the DSA. As a platform that reaches millions of children and teenagers, TikTok must fully comply with the rules and has a particular role to play in the protection of minors online," said EU Commissioner for Internal Market Thierry Breton.
It is feared that TikTok uses systems that may stimulate behavioural addictions and/or create a so-called "rabbit hole effect," meaning that due to the specific addictive algorithms used by the company, users may be led towards videos that become more extreme.
Measures to prevent this becoming harmful – notably age verification tools used by TikTok to prevent access by minors to inappropriate content – may not be reasonable, proportionate and effective. Their failure could have serious repercussions on the mental and physical well-being of (underage) users and also for the risk of radicalisation.
Additionally, there are potential problems with the app's transparency in terms of advertising and default privacy settings, access to company data by researchers and risk management in terms of addictive design and harmful content.
Considering the risks
"We are launching this formal infringement proceeding today to ensure that proportionate action is taken to protect the physical and emotional well-being of young Europeans. We must spare no effort to protect our children," Breton added.
The Commission already received a detailed risk analysis from TikTok but was unsatisfied with the results. It is therefore launching a formal investigation.
"The safety and well-being of online users in Europe is crucial. TikTok needs to take a close look at the services it offers and carefully consider the risks that it poses to their users – young as well as old," said Margrethe Vestager, Executive Vice-President for a Europe Fit for the Digital Age.
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How long that investigation will take is not clear, as the duration of an in-depth investigation depends on several factors, including the complexity of the case, the extent to which TikTok cooperates with the Commission and the exercise of the rights of defence.
By launching the formal proceedings, the Commission can also take further enforcement steps, such as interim measures, and non-compliance decisions.
"The Commission will now carry out an in-depth investigation without prejudice to the outcome," she added. If TikTok has indeed committed errors, it could be fined up to 6% of the company's annual turnover.
