The European Commission has opened formal proceedings against TikTok for a suspected breach of the Digital Services Act in relation to TikTok’s obligation to properly assess and mitigate systemic risks linked to election integrity, notably in the context of the recent Romanian presidential elections. The investigation will focus on management of risks to elections or civic discourse, linked to the following areas:
- TikTok’s recommender systems, notably the risks linked to the coordinated inauthentic manipulation or automated exploitation of the service.
- TikTok’s policies on political advertisements and paid-for political content.
The Commission is going to investigate if TikTok has diligently mitigated the risks posed by specific regional and linguistic aspects of national elections. If it has not, that would infringe Articles 34(1), 34(2) and 35(1) of the DSA.
The Commission will now carry out an in-depth investigation as a matter of priority. The opening of formal proceedings does not prejudge its outcome. The decision to open an investigation takes into account information received from declassified intelligence reports by the Romanian authorities, as well as third-party reports. The investigation also follows the analysis of the risk assessment reports submitted by TikTok in 2023 and 2024, the replies to the Commission’s requests for information, and internal documents provided by TikTok.
Coimisiún na Meán will work with the Commission as Ireland is TikTok’s country of establishment in the EU.
Next steps
After the formal opening of proceedings, 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 requests for information may require TikTok to provide data and documents it has been obliged to retain based on the retention order imposed by the Commission on 5 December.
The opening of formal proceedings also allows the Commission to take further enforcement steps, such as interim measures, and non-compliance decisions. The Commission may also accept any commitment made by TikTok to remedy the matters subject to the proceedings. The DSA does not set any legal deadline for bringing formal proceedings to an end. The duration of an in-depth investigation depends on several factors, including the complexity of the case, the extent to which the company concerned cooperates with the Commission and the exercise of the rights of defence.
The Commission emphasises that these proceedings do not prejudge any other proceedings that the Commission may decide to initiate under other provisions of the DSA.
