TikTok and the EU
It has been over two decades since social media networks have been actively utilized for both professional and personal purposes. Over the years, the use of these platforms has encountered various issues regarding the balance between user rights and obligations. Europe, known for its heightened sensitivity towards the handling of personal data compared to other continents, was naturally poised to advocate for digital regulation at the EU level. This advocacy ultimately came to fruition.
The Digital Services Act was enacted in 2022, with full implementation by EU Member States set for 17 February 2024. Based on the principle that "what is illegal offline should also be illegal online," this long-awaited legislation aims to achieve the following objectives:
harmonised rules when bringing to market products or software with a digital component
a framework of cybersecurity requirements governing the planning, design, development and maintenance of such products, with obligations to be met at every stage of the value chain
an obligation to provide duty of care for the entire lifecycle of such products[i]
The Digital Service act should not be confused with the digital Markets Act which is to regulate the gatekeepers to the digital economy.
Here you can find the list with the first designated by the Commission digital companies. Some of the biggest corporations are already undergoing proceedings process which you can follow here.
TikTok was able to successfully handle two previous proceedings (one of them for addictive design) until 17 December 2024. The Commission announced that proceedings have been started against the Chinese company over potential breaches of the Digital Service Act, following a Russian interference in the elections in Romania. The platform was quick to respond to these accusations in a special press release published on their website.
I think the Commission has been cautious towards TikTok. The Chinese platform has proved to be the far more efficient in user engagement than any of the existing social media networks. At first it was the ban on staff phones, announced in 2023. The following year though the European Parliament became the first EU institution to set an account on TikTok in relation to the EU elections in June 2024. I’d agree with President Zoran Milanović that “everyone should decide for themselves”, having to say that each EU Member State should be able to take a separate decision on how to proceed against (or not?) TikTok.
What do you think about this social network?
[i] European Commission website, visited on 30.12.2024. A safer digital future: new cyber rules become law - European Commission
