Video platform under scrutiny for potential Digital Services Act breach regarding age verification and other areas
The EU has initiated a formal investigation into whether TikTok has violated online content regulations, particularly concerning the protection of children. The European Commission has officially started proceedings against the Chinese-owned short video platform for possible violations of the Digital Services Act (DSA). The investigation focuses on several areas, such as ensuring the safety of minors, keeping records of its advertising content, and examining whether its algorithms guide users toward harmful content “rabbit holes.”
Thierry Breton, the EU’s Commissioner for Internal Market, emphasized that safeguarding children is a “key enforcement priority” under the DSA. The investigation into child safety on TikTok encompasses age verification, an area of concern raised by a Guardian investigation into the platform last year, as well as the default privacy settings applied to children’s accounts.
“TikTok, as a platform with a vast reach among children and teenagers, must fully adhere to the DSA and has a specific responsibility to protect minors online,” Breton stated. “We are initiating this formal infringement procedure today to ensure that appropriate measures are taken to safeguard the physical and emotional well-being of young Europeans. We must spare no effort in protecting our children.”
Last April, the Irish data watchdog fined TikTok €345m (£295m) for violations of EU data law related to the platform’s handling of children’s accounts. During the same month, the UK Information Commissioner fined the company £12.7m for unlawfully processing the data of children under 13, who were below the minimum age for using TikTok.
Companies that violate the DSA could be fined up to 6% of their global turnover. TikTok, which is owned by the Chinese tech firm ByteDance, stated that it would collaborate with experts and the industry to ensure the safety of young people on its platform. The company also expressed eagerness to provide detailed explanations of its efforts to the European Commission.
“TikTok has been a leader in implementing features and settings to safeguard teenagers and prevent under-13s from accessing the platform, challenges that the entire industry is facing,” a company spokesperson remarked.
The European Commission is also examining TikTok for possible inadequacies in providing publicly accessible data to researchers, as well as for compliance with requirements to maintain a database of advertisements that have been displayed on the platform.
There is no specified deadline for the investigation. Brussels has stated that the inquiry’s duration depends on factors such as the case’s complexity and the level of cooperation from the company being investigated.
This scrutiny of TikTok is the second formal inquiry under the DSA, following the investigation of Elon Musk’s social media platform X, formerly known as Twitter, which Brussels initiated in December last year. The investigation into X focuses on issues such as failure to block illegal content and inadequate measures against disinformation.
Apple is reportedly facing a significant fine from the EU over 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 of its app store.
According to the Financial Times, Brussels is planning to levy a fine of €500 million. If imposed, this would mark a landmark decision against Apple following years of complaints from companies that offer services through iPhone apps.
The commission has declined to comment on the matter. Apple did not provide a new statement but referred to a previous statement indicating that the company would address the commission’s concerns “while advocating for competition and choice for European consumers.”
While Apple has not previously received a competition fine from the European Commission, it was fined €1.1 billion by France in 2020. This fine was later reduced to around €370 million on appeal and was related to anti-competitive agreements with two wholesalers.
However, Apple, along with other major tech companies, is facing increasing scrutiny over competition concerns. Google, for instance, is appealing against fines totaling more than €8 billion imposed by the EU in three separate competition investigations.
Apple recently prevailed in a lawsuit brought by the developer of Fortnite, Epic Games, which alleged that the app store constituted an illegal monopoly. In a similar case against Google, Epic Games emerged victorious in December. Google operates the Android mobile phone software.
In response to the EU’s Digital Markets Act, Apple announced last month that it would allow customers in the EU to download apps without having to use its own app store. This legislation imposes new obligations on digital “gatekeepers,” including Amazon, Microsoft, Apple, and Google.
