EU says TikTok minors' safety rules violate DSA in 1st finding

The European Commission on Thursday provisionally found TikTok's safety settings for minors violate the Digital Services Act, escalating enforcement against ByteDance's platform a day after fining Google €890 million under the bloc's parallel tech rulebook.

"The measures TikTok has in place do not adequately protect minors from harmful content and algorithmic amplification," said a Commission official familiar with the preliminary decision, speaking on condition of anonymity because the finding has not been formally published.

The provisional finding targets TikTok's default account settings for users under 18, including how the platform's recommendation algorithm surfaces content to minors and the effectiveness of parental controls. The Commission opened the probe in February 2024 under the DSA, which requires very large online platforms — those with more than 45 million EU users — to conduct annual risk assessments and mitigate systemic risks including harm to minors. TikTok was designated as a very large platform in April 2023, when its EU user base exceeded the threshold.

The finding carries no immediate fine but could lead to penalties of up to 6 percent of ByteDance's global annual revenue if the Commission finalizes its decision after TikTok's response. The case sets a precedent for how the DSA's child safety provisions apply to algorithmic recommendation systems, potentially affecting Meta's Instagram, Snap's Snapchat, and Alphabet's YouTube, all of which face similar scrutiny. TikTok has 60 days to respond to the preliminary findings before the Commission issues a final ruling.

The action comes one day after the Commission fined Google €890 million for breaching the Digital Markets Act, the first penalty under that regime. Together, the two decisions signal a sharp acceleration in Brussels' enforcement of its digital rulebook after years of investigation and consultation. The Google fine, split between €460 million for search self-preferencing and €430 million for anti-steering on Google Play, was the largest DMA penalty to date.

The DSA, which took full effect for very large platforms in August 2023, imposes stricter obligations on content moderation, algorithmic transparency, and user safety than any previous EU internet regulation. TikTok has been a focus of Commission scrutiny since at least 2024, when regulators demanded detailed information on how the platform's recommendation engine handles content for minors. The company has made several voluntary changes to its EU operations, including introducing default 60-minute daily screen time limits for users under 18 and disabling direct messaging for accounts aged 13 to 15.

The provisional finding focuses on whether those changes go far enough. Regulators are examining whether TikTok's "For You" feed exposes minors to content that could harm their physical or mental well-being, and whether the platform's age verification tools are strong enough to prevent underage users from bypassing restrictions. The Commission has also raised concerns about the design of TikTok's "dark patterns" — interface elements that may nudge users toward longer sessions or less privacy-protective settings.

For ByteDance, the stakes extend beyond the EU. The DSA finding could influence regulatory approaches in other jurisdictions, including the United Kingdom's Online Safety Act, which takes full effect in 2027, and similar legislation under consideration in Brazil and India. TikTok faces separate DSA investigations into its handling of election disinformation and data access for researchers, both opened in 2024.

The Commission's dual enforcement actions this week — the Google DMA fine and the TikTok DSA finding — highlight a broader shift in Brussels' approach to Big Tech regulation. After years of building the legal framework, regulators are now deploying it with increasing frequency and severity. The message to platform operators is clear: compliance with the letter of the law, not voluntary commitments, will determine whether companies avoid penalties that can reach billions of euros.

This article is for informational purposes only and does not constitute investment advice.