Commission sends request for information to TikTok under the Digital Services Act

Today, the European Commission formally sent TikTok a request for information under the Digital Services Act (DSA). The Commission is requesting TikTok to provide more information on the measures it has taken to comply with obligations related to the risk assessments and mitigation measures against the spreading of illegal content, in particular the spreading of terrorist and violent content and hate speech, as well as the alleged spread of disinformation. Furthermore, the request addresses TikTok’s compliance with other elements of the DSA, in particular with regards to its provisions related to the protection of minors online.

TikTok must provide the requested information to the Commission by 25 October 2023 for questions related to the crisis response and by 8 November 2023 on the protection of integrity of elections and minors online. Based on the assessment of TikTok’s replies, the Commission will assess next steps. This could entail the formal opening of proceedings pursuant to Article 66 of the DSA. Pursuant to Article 74 (2) of the DSA, the Commission can impose fines for incorrect, incomplete, or misleading information in response to a request for information. In case of failure to reply by TikTok, the Commission may decide to request the information by decision. In this case, failure to reply by the deadline could lead to the imposition of periodic penalty payments.

Following its designation as a Very Large Online Platform, TikTok is required to comply with the full set of provisions introduced by the DSA, including the assessment and mitigation of risks related to the dissemination of illegal content, disinformation, and any negative effects on the exercise of fundamental rights.