In this photo illustration, iPhone screens display various social media apps on the screens on February 9, 2025 in Bath, England.
The European Commission has issued preliminary findings indicating that both TikTok and Meta may be in violation of the Digital Services Act (DSA), the EU’s landmark tech legislation aimed at reigning in the power of Big Tech. The Commission, the executive arm of the European Union, alleges that the two tech giants have failed to provide researchers with adequate access to public data, a key tenet of the DSA’s commitment to transparency.
In its statement, the Commission also highlighted Meta’s platforms, Instagram and Facebook, for allegedly not providing users with simple and effective mechanisms for reporting illegal content and challenging content moderation decisions. This potentially undermines the DSA’s objective of empowering users to control their online experiences.
“We disagree with any suggestion that we have breached the DSA, and we continue to negotiate with the European Commission on these matters,” stated a Meta spokesperson, Ben Walters. He further emphasized the company’s efforts to align with the DSA’s requirements, stating, “In the European Union, we have introduced changes to our content reporting options, appeals process, and data access tools since the DSA came into force and are confident that these solutions match what is required under the law in the EU.”
TikTok echoed a similar sentiment, with a spokesperson telling CNBC that the company “is committed to transparency and values the contribution of researchers” to its platform and the broader social media ecosystem. The spokesperson pointed to significant investments in data sharing, noting that “almost 1000 research teams have been given access to data through our Research Tools to date.”
However, TikTok also raised concerns about potential conflicts between the DSA and the General Data Protection Regulation (GDPR). “We are reviewing the European Commission’s findings, but requirements to ease data safeguards place the DSA and GDPR in direct tension. If it is not possible to fully comply with both, we urge regulators to provide clarity on how these obligations should be reconciled,” the spokesperson added. This highlights the complexities of navigating the EU’s evolving regulatory landscape for tech companies.
The EU emphasizes the importance of researcher access to social media data, arguing that it is crucial for understanding the potential societal impacts of these technologies, including their effects on physical and mental health. The Commission’s preliminary findings suggest that Facebook, Instagram, and TikTok may have implemented cumbersome processes that hinder researchers’ ability to obtain comprehensive and reliable data. This, in turn, could limit their ability to assess the exposure of users, including minors, to illegal or harmful content.
Meta and TikTok now have the opportunity to examine the Commission’s findings and provide written responses. If the Commission ultimately upholds its preliminary conclusions, it could impose a non-compliance penalty of up to 6% of the companies’ total worldwide annual turnover – a potentially significant financial burden for both Meta and TikTok’s parent company, ByteDance.
This is not the first time Meta has faced scrutiny from the EU. In April, the company was fined 200 million euros under the Digital Markets Act for issues related to user consent for data collection, demonstrating the Commission’s assertive enforcement of its new competition powers. TikTok, too, has been under the regulatory microscope, receiving a 530 million euros fine from Irish authorities earlier this year for transferring user data to China.
These ongoing investigations and penalties highlight the increasing regulatory pressures facing Big Tech companies in Europe as the EU seeks to establish itself as a global leader in digital regulation. The DSA, along with other initiatives like the Digital Markets Act, aims to foster a more competitive and transparent digital environment, with a strong emphasis on protecting user rights and promoting responsible innovation. The outcomes of these cases will likely have significant implications for how social media platforms operate within the EU and potentially beyond.
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