European Commission opens investigation into TikTok over Romania’s presidential elections / The Chinese platform faces a fine of 6% of global turnover or even a ban / Investigation includes declassified intelligence documents

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The European Commission announced on Tuesday the launch of a formal investigation into TikTok, the Chinese-owned social media platform, for allegedly breaching the Digital Services Act (DSA). The case centers on TikTok’s failure to adequately assess and mitigate systemic risks to election integrity during Romania’s presidential elections held on November 24, according to an official statement from the Commission.

If found guilty of violating EU regulations, TikTok could face a fine of up to 6% of its global revenue, with the possibility to contest the ruling in EU courts. Persistent issues may lead to an outright ban of TikTok in the European Union.

Investigation Focus:

The probe will specifically examine TikTok’s handling of risks related to elections and civic discourse, focusing on:

• Recommendation systems: Evaluating risks of coordinated inauthentic manipulation or automated exploitation of TikTok’s platform.
• Policies on political advertising: Reviewing TikTok’s approach to paid political content and whether it effectively mitigates risks associated with regional and linguistic election-specific vulnerabilities.

If the suspicions are confirmed, these deficiencies would constitute violations of Articles 34 (1) and (2) and Article 35 (1) of the DSA. A detailed investigation is now underway.

EU Commission President’s Statement:

President Ursula von der Leyen emphasized the importance of safeguarding EU democracies from foreign interference. She stated:

“Whenever we suspect foreign interference, especially during elections, we must act swiftly and decisively. Based on serious indications that foreign actors used TikTok to influence Romania’s presidential elections, we are now thoroughly investigating whether TikTok violated the Digital Services Act by failing to address these risks. It must be clear: in the EU, all online platforms, including TikTok, are held accountable.”

The decision to open this investigation incorporates intelligence from declassified reports by Romanian authorities, as well as third-party analyses. It also draws on risk assessment reports submitted by TikTok in 2023 and 2024, responses to Commission inquiries, and internal documents provided by the company.

Coimisiún na Meán, Ireland’s digital services coordinator, has been included in the investigation, offering its expertise and analysis. Ireland serves as TikTok’s primary base of operations within the EU.

Next Steps:

The Commission will continue evidence collection through requests for additional information, interviews, monitoring actions, and access to algorithms. TikTok may be required to provide retained data following a December 5 preservation order.

The initiation of official procedures empowers the Commission to impose interim measures, issue non-compliance decisions, and accept commitments from TikTok to address the identified concerns.

No legal deadline exists for concluding these procedures, with the timeline depending on factors such as case complexity, TikTok’s cooperation, and the exercise of its right to defense.

Background:

On December 5, 2024, the Commission ordered TikTok to freeze and preserve data related to systemic risks associated with its service, specifically risks to electoral processes and civic discourse across the EU. This preservation order applies to elections taking place between November 24, 2024, and March 31, 2025.

This is the third investigation the European Commission has launched against TikTok, following a February 19, 2024 probe and another concluded in August 2024 with TikTok committing to specific actions.

Additionally, on April 30, 2024, the Commission introduced a whistleblower tool under the DSA, enabling individuals to confidentially or anonymously report harmful practices by large online platforms directly to the European Commission.