The European Commission preliminarily believes that Tiktok is in violation of the Digital Services Act (DSA). The company is not fulfilling its obligation to publish a mandatory advertising registry, according to the Commission’s announcement on Thursday. This registry is crucial for researchers and civil society to identify fraudulent advertisements, hybrid threat campaigns, coordinated information operations and fake ads. In order to reach this preliminary conclusion, the Commission reportedly evaluated internal company documents and consulted experts. Tiktok now has the opportunity to exercise its defense rights by reviewing the documents in the Commission’s investigation file and responding in writing to the Commission’s preliminary findings. If the Commission’s preliminary assessment is ultimately confirmed, it can issue a decision on non-compliance, which could result in a fine of up to 6% of the company’s global annual turnover. The Commission initiated the current procedure in February 2024 and it also covers the negative effects of Tiktok’s algorithmic systems (such as “rabbit hole effects” and behavioral addiction), age restriction, the obligation to ensure a high level of privacy, security and protection for minors and data access for researchers, which are still being investigated. Furthermore, the Commission initiated a formal procedure against Tiktok in December 2024 due to the risk management related to elections and the civil discourse, which is also ongoing. Additionally, the Commission has established a whistleblower tool that allows employees and other individuals with knowledge to anonymously report to the Commission to contribute to monitoring compliance with the act by very large online platforms and very large online search engines.
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