The Commission has formally initiated proceedings against TikTok for a suspected breach of the Digital Services Act (DSA) regarding election integrity, particularly in relation to the Romanian presidential elections on 24 November. On 5 December 2024, the Commission ordered TikTok to freeze and preserve data related to systemic risks impacting electoral processes and civic discourse in the EU, covering national elections from 24 November 2024, to 31 March 2025.
This is the Commission’s third investigation into TikTok, following an ongoing inquiry since 19 February 2024, and a previous investigation that closed in August 2024. On 30 April 2024, the Commission launched a whistleblower tool for the Digital Services Act (DSA) to enable secure reporting of harmful practices by very large online platforms (VLOPs) and very large online search engines (VLOSEs).
“We must protect our democracies from any kind of foreign interference. Whenever we suspect such interference, especially during elections, we have to act swiftly and firmly. Following serious indications that foreign actors interfered in the Romanian presidential elections by using TikTok, we are now thoroughly investigating whether TikTok has violated the Digital Services Act by failing to tackle such risks. It should be crystal clear that in the EU, all online platforms, including TikTok, must be held accountable,” Commission President Ursula von der Leyen said.
The current investigation will examine TikTok’s recommender systems and its policies on political advertisements, particularly regarding risks to elections and civic discourse. A key concern is whether TikTok has effectively mitigated risks related to regional and linguistic factors during national elections. If confirmed, any shortcomings could violate Articles 34(1), 34(2), and 35(1) of the DSA.
This inquiry is based on declassified intelligence reports from Romania, third-party reports, TikTok’s risk assessment submissions, and other internal documents. Coimisiún na Meán, Ireland’s Digital Services Coordinator, will also contribute expertise to the investigation, as Ireland is TikTok’s EU country of establishment.
“As the European Union, we have a responsibility to safeguard our democratic processes from potential manipulation and interference. I am confident that our investigation into TikTok’s practices will contribute to a safer and more trustworthy online environment for all EU citizens, and I look forward to working closely with TikTok to address any concerns that may arise,” noted Henna Virkkunen, Executive Vice-President for Tech Sovereignty, Security and Democracy.
The Commission may require the company to provide data. This allows for enforcement actions and the acceptance of commitments from TikTok. The duration of the investigation varies based on case complexity and cooperation. Other actions under the DSA may also be initiated.
