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EU opens investigation into TikTok: suspected violation of transparency and child protection obligations

This was announced by European Internal Market Commissioner Thierry Breton on X

I big dei social network in audizione al Senato Usa

3' min read

3' min read

"Today we are opening an investigation into TikTok for suspected violation of transparency and child protection obligations". This was announced by European Commissioner for the Internal Market Thierry Breton on X. "Enforce the Dsa for a safer Internet for young people," he says referring to the European law on digital services.

The investigation into the social network owned by ByteDance focuses on 'addictive design', 'time limits', the 'rabbit hole' effect (a British idiom for 'compulsion to repeat', a situation whereby a person finds himself unable to avoid continuing the activity he is doing), 'age verification', and 'default privacy settings'.

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The formal proceedings initiated by the European Commission will assess whether TikTok may have violated the Digital Services Act (DSA) in areas related to the protection of minors, transparency of advertising, access to data for researchers, and risk management of addictive designs and harmful content, the EU executive announced in a note.

The reasons for the proceedings

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On the basis of the preliminary investigation conducted so far, including on the basis of the analysis of the risk assessment report sent by TikTok in September 2023, as well as TikTok's responses to the Commission's formal requests for information (on illegal content, protection of minors and access to data ), the Commission has therefore decided to initiate formal proceedings against TikTok under the Dsa. The work will focus on compliance with the obligations relating to the assessment and mitigation of systemic risks, in terms of actual or foreseeable negative effects resulting from the design of the TikTok system, including algorithmic systems, which could stimulate behavioural addictions (the executive speaks of 'rabbit hole effects', as Breton anticipated). Such an assessment is necessary to counter potential risks to the exercise of the fundamental right to the physical and mental well-being of the person, respect for the rights of the child, and its impact on radicalisation processes.

The mitigation measures put in place will then be assessed, in particular the age verification tools used by TikTok to prevent minors from accessing inappropriate content. Compliance with obligations under the Digital Services Act to put in place appropriate and proportionate measures to ensure a high level of privacy, security and protection for minors will then be assessed.

EU beacon also on compliance with obligations to provide a searchable and reliable archive for advertisements placed on TikTok and on measures taken by TikTok to increase the transparency of its platform. The investigation concerns alleged shortcomings in providing researchers with access to publicly accessible data on TikTok.

The opening of a formal proceeding empowers the Commission to take further measures, such as interim measures and non-compliance decisions, and to accept any commitment by TikTok to remedy the issues under investigation.

TikTok was designated as a Very Large Online Platform (Vlop) on 25 April under the Dsa, after it claimed to have 135.9 million monthly active users in the EU. As a Vlop, four months after designation, TikTok had to start meeting a number of obligations under the Dsa.

TikTok spokesman: pleased to be able to explain our work to the Commission

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"TikTok has introduced innovative features and settings to protect teenagers and prevent children under the age of 13 from accessing the platform, an issue that is being addressed throughout the industry. We will continue to work with experts and industry players to ensure the safety of young people on TikTok and we are pleased to now have the opportunity to explain this work in detail to the Commission." This was stated by a TikTok spokesperson after the communication from the European Commission.

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