Video platform faces probe for possible Digital Services Act violation, particularly in age verification
The EU has initiated a formal inquiry into whether TikTok has violated regulations regarding online content, particularly regarding the protection of children.
The European Commission announced that it has commenced official proceedings against the Chinese-owned short video platform for possible breaches of the Digital Services Act (DSA).
The investigation focuses on several areas, including the protection of minors, the maintenance of advertising content records, and whether TikTok’s algorithms guide users towards harmful content “rabbit holes.”
Thierry Breton, the EU’s Commissioner for Internal Market, emphasized that safeguarding children is a “primary enforcement focus” under the DSA. The investigation into child safety on TikTok includes age verification, an issue highlighted by a Guardian investigation into the platform last year, as well as the default privacy settings used for children’s accounts.
“As a platform with millions of child and teenage users, TikTok must fully adhere to the DSA and has a specific responsibility in safeguarding minors online,” Breton stated. “We are commencing this formal infringement procedure today to ensure that appropriate measures are taken to protect the physical and emotional well-being of young Europeans. We must spare no effort in protecting our children.”
In April of last year, the Irish data protection authority imposed a €345m (£295m) fine on TikTok for violating EU data regulations in its management of children’s accounts. During the same month, the UK’s Information Commissioner’s Office fined the company £12.7m for unlawfully processing the data of children under the age of 13, who were below the minimum age requirement for using TikTok.
Companies that violate the DSA risk fines of up to 6% of their global revenue. TikTok is owned by the Chinese tech firm ByteDance.
TikTok stated that it would maintain its collaboration with experts and the industry to ensure the safety of young individuals on its platform. The company also expressed eagerness to elaborate on these efforts to the European Commission.
“TikTok has been at the forefront of developing features and settings to safeguard teenagers and prevent under-13s from accessing the platform, challenges that the entire industry is addressing,” a company spokesperson remarked.
The commission is also investigating TikTok for “suspected deficiencies” in providing publicly accessible data to researchers, as well as whether the company complied with requirements to create a database of advertisements that appeared on the platform.
There is no set deadline for the investigation. Brussels has stated that the duration of the inquiry depends on various factors, including the complexity of the case and the level of cooperation from the company being investigated.
This scrutiny of TikTok is the second DSA investigation, following an official investigation into Elon Musk’s social media platform X (previously known as Twitter) by Brussels in December last year. The investigation into X focuses on issues such as the failure to block illegal content and inadequate measures against disinformation.
Apple is reportedly facing a significant fine from the EU regarding its conduct in the music streaming app market. The European Commission is investigating whether the US tech giant prevented music streaming services from informing users about cheaper subscription options outside its app store.
According to the Financial Times, Brussels intends to levy a fine of €500 million, marking a significant decision against Apple following years of complaints from companies offering services through iPhone apps.
The commission declined to comment. Apple did not offer a new statement but referred to a previous statement indicating the company’s intention to address the commission’s concerns “while fostering competition and providing choices for European consumers.”
Apple has never before received a competition fine from the European Commission. However, in 2020, France imposed a €1.1 billion fine on the company, which was later reduced to around €370 million upon appeal, for engaging in anti-competitive agreements with two wholesalers.
However, Apple and other major tech firms are facing increasing scrutiny over competition concerns. Google is currently appealing fines totaling more than €8 billion imposed by the EU in three separate competition investigations.
Apple successfully defended against a lawsuit from the developer of Fortnite, Epic Games, which argued that the app store constituted an illegal monopoly. In December, Epic Games won a similar case against Google, the operator of the Android mobile phone software.
In a recent development, Apple announced that it would allow EU customers to download apps without using its app store, in response to the bloc’s Digital Markets Act. This legislation imposes new obligations on digital “gatekeepers,” including Amazon, Microsoft, Apple, and Google.