Source: European Parliament
On 17 December 2024, the Commission opened formal proceedings against TikTok[1], following the suspicion that the provider of this very large online platform may have breached the Digital Services Act (DSA)[2] in relation to its obligation to properly assess and mitigate systemic risks linked to election integrity, notably in the context of the Romanian presidential elections of 24 November 2024.
After the formal opening of proceedings, the Commission continues to investigate the provider of TikTok’s compliance with the DSA, for example, by sending additional requests for information, conducting interviews and inspections, or taking additional monitoring actions, such as requesting access to algorithms.
By means of a request for information, the Commission may require the provider of TikTok to provide data and documents it has been obliged to retain on the basis of the retention order issued by the Commission on 5 December 2024[3].
The opening of formal proceedings empowers the Commission to take further enforcement steps, such as interim measures and non-compliance decisions.
The Commission may also make any commitment offered by the provider of TikTok to ensure compliance with the DSA binding on such provider.
For example, on 5 August 2024, the Commission had made TikTok’s commitments to permanently withdraw TikTok Lite Rewards programme from the EU binding[4].
The DSA does not set any legal deadline for bringing formal proceedings to an end. The duration of an in-depth investigation depends on several factors, including the complexity of the case and the exercise of the rights of defence.
Moreover, the opening of formal proceedings does not prejudge any other proceedings that the Commission may decide to initiate under the DSA.