The European Commission has launched an official investigation against TikTok under the Digital Services Act (DSA).
The probe focuses on the obligation to properly assess and mitigate systemic risks related to the integrity of elections, especially in the context of the recent presidential elections in Romania on November 24, according to a Commission statement.
"We must protect our democracies from any kind of foreign interference. Whenever we suspect such interference, especially during elections, we must act quickly and decisively. Following serious indications that foreign actors intervened in the Romanian presidential elections using TikTok, we are now carefully investigating whether TikTok has violated the Digital Services Act by not addressing such risks. It should be very clear that in the EU, all online platforms, including TikTok, must be held accountable," said Ursula von der Leyen, the head of the EC.
The investigation will focus on managing risks to elections or civic discourse, related to the following areas:
- TikTok's recommendation systems, particularly the risks related to coordinated manipulation or automated exploitation of the service.
- TikTok's policies on political advertising and paid political content.
Regarding both elements, one of the suspicions the Commission will investigate is whether TikTok diligently mitigated the risks posed by the specific regional and linguistic aspects of national elections.
If the Commission's suspicions prove to be correct, these deficiencies would constitute violations of Article 34 paragraphs (1) and (2) and Article 35 paragraph (1) of the DSA. The Commission will now prioritize conducting a thorough investigation.
The opening of an investigation takes into account information received from declassified reports of intelligence services by the Romanian authorities, as well as reports from third parties.
The investigation will also analyze TikTok's risk assessment reports from 2023 and 2024, responses to Commission information requests, and internal documents provided by TikTok.
The Media Commission, the digital services coordinator for Ireland, has been associated with the Commission's investigation and will provide expertise and analysis in this case. Ireland is where TikTok is headquartered in the EU.
Next Steps
The Commission will continue to gather evidence, for example, by sending additional requests for information, conducting monitoring actions, interviews, inspections, and requesting access to algorithms.
Such information requests may compel TikTok to provide data and documents it was required to retain based on the Commission's order on December 5.
The initiation of the official investigation empowers the Commission to take additional measures to ensure compliance with the law, such as provisional measures and non-compliance decisions. Additionally, the Commission is empowered to accept any commitments made by TikTok to address the issues under investigation.
The DSA does not establish any legal deadline for ending the investigation.
The duration of an in-depth investigation depends on several factors, including the complexity of the case, the extent to which the company cooperates with the Commission, and the exercise of the right to defense.
Furthermore, the initiation of an official investigation does not prejudice any other procedures that the Commission may decide to initiate under other provisions of the DSA.
This is the third inquiry the Commission has launched against TikTok.