European Union: European Commission opened formal investigation into TikTok concerning risk assessments and addictive design features under Digital Services Act

On 19 February 2024, the European Commission opened formal proceedings against TikTok to assess its compliance with the Digital Services Act (DSA), including its obligations regarding risk assessment and mitigation relating to addictive design and user behaviour. The proceedings will examine whether TikTok has adequately assessed the systemic risks arising from the design and operation of its service, including its algorithmic recommendation systems and engagement-driven features, which may stimulate behavioural addiction and the so-called "rabbit hole" effect. The proceedings will also assess whether TikTok has implemented reasonable, proportionate and effective mitigation measures to address these risks, particularly for minors. The Commission will evaluate the effectiveness of age verification tools and other safeguards in mitigating risks to the physical and mental well-being of minors, as well as the adequacy of default privacy settings in ensuring a high level of privacy, safety, and security for minor users. The Commission will now conduct an in-depth investigation, which may lead to further enforcement measures under the DSA.