The Commission has recently communicated to TikTok its preliminary assessment that the company is not in compliance with the obligations outlined in the Digital Services Act (DSA), specifically regarding the publication of an advertising repository. This repository is vital for researchers and civil society to identify misleading advertisements, hybrid threat campaigns, coordinated information operations, and deceptive ads, especially in elections.
The Commission’s findings indicate that TikTok has not supplied essential information concerning the content of advertisements, the targeted audience, and the sponsors of these advertisements. Furthermore, TikTok’s advertising repository does not facilitate comprehensive public searches based on this information, diminishing the tool’s overall utility.
These preliminary conclusions are based on a thorough investigation, which included an analysis of internal company documents, assessments of TikTok’s tools, and interviews with subject matter experts. By presenting these preliminary findings, the Commission informs TikTok of its initial determination regarding non-compliance with the DSA, noting that the ongoing investigation may yield different conclusions.
“Transparency in online advertising — who pays and how audiences are targeted — is essential to safeguarding the public interest. Whether we are defending the integrity of our democratic elections, protecting public health, or protecting consumers from scam ads, citizens have a right to know who is behind the messages they see. In our preliminary view, TikTok is not complying with the DSA in key areas of its advertisement repository, preventing the full inspection of the risks brought about by its advertising and targeting systems,” said Henna Virkkunen, Executive Vice-President for Tech Sovereignty, Security and Democracy.
Commission’s formal proceedings on TikTok
On 19 February 2024, the European Commission opened formal proceedings to investigate potential violations of the DSA by TikTok. This inquiry addresses issues such as advertising transparency, the impact of TikTok’s algorithms (including “rabbit hole effects” and behavioural addiction), age verification, and the platform’s obligations to protect the privacy and safety of minors, along with data access for researchers.
In December 2024, it launched a separate investigation regarding TikTok’s management of risks associated with elections and civic discourse, which are also being prioritised.
To support compliance oversight of designated Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs), the Commission has established a whistleblower tool that allows individuals to report concerns confidentially.
TikTok can now review the Commission’s investigative documents and respond to its preliminary findings. The European Board for Digital Services will be consulted during this process.
Suppose the Commission’s preliminary conclusions are confirmed. In that case, it may issue a non-compliance decision, resulting in a fine of up to 6% of TikTok’s total worldwide annual turnover, an enhanced supervision period and the possibility of periodic penalties to ensure compliance.
