European Union: Opened European Commission formal proceedings against TikTok for failing to adequately assess and mitigate systemic risks to electoral integrity

On 17 December 2024, the European Commission initiated formal proceedings against TikTok for an alleged breach of the Digital Services Act (DSA) concerning its obligation to conduct an adequate assessment and implement effective measures to mitigate potential systemic risks to the integrity of electoral processes, particularly in relation to the Romanian presidential elections held on 24 November 2024. The proceedings will focus on the examination of TikTok's recommender systems and policies pertaining to the dissemination of political advertisements and paid political content. The Commission will investigate whether TikTok has adequately mitigated risks related to coordinated inauthentic manipulation and regional and linguistic aspects of national elections. Should this be proven, it could constitute a violation of Articles 34(1), 34(2), and 35(1) of DSA. In order to ascertain the facts of the case, the Commission will gather evidence through requests for information, inspections, and access to algorithms. It will also be empowered to impose enforcement measures, accept commitments from TikTok to address the concerns and conduct parallel proceedings under other DSA provisions. The Commission noted that there is no set legal deadline for concluding the investigation, as its duration depends on case complexity and TikTok's cooperation.