European Commission requests information under Digital Services Act News
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European Commission requests information under Digital Services Act

The European Commission sent a request on Wednesday for information to TikTok, YouTube and Snapchat under the Digital Services Act (DSA).

The three platforms must provide information regarding their recommender system’s design and functioning. Particularly, YouTube and Snapchat have to provide evidence of their parameters to recommend content and role in amplifying systemic risks such as mental health, civil discourse, and protection of minors. In addition to this information, all three platforms must present measures to limit the spread of illegal content to users to the Commission. TikTok in particular needs to show more information on its measures to prevent manipulation from malicious actors, including its role in elections, civil discourse, and the pluralism of media. The deadline for providing this information is November 15, 2024.

The European Union (EU) has the competence to request this information in accordance with the Digital Services Act (DSA). The DSA is a crucial mechanism for the EU to ensure the protection of its citizens while using online services. Article 35 of Regulation 2022/2065 provides  that a “Very Large Online Platform” (VLOP) must assess and mitigate any systemic risk stemming from its service. Some of these risks are mentioned in Article 34 and include the protection of minors, dissemination of illegal content, and negative effects on civic discourse and electoral processes.

Depending on the information provided, the Commission may decide to initiate formal proceedings against these companies. In the case of TikTok, the Commission initiated formal proceedings earlier this year. Margrethe Vestager, Executive Vice-President for a Europe Fit for the Digital Age, stressed the necessity of this legal action under the DSA:

The safety and well-being of online users in Europe is crucial. TikTok needs to take a close look at the services they offer and carefully consider the risks that they pose to their users – young as well as old.

If the online platforms fail to comply with the Commission’s request they face fines for failure to reply or for supplying incorrect, incomplete or misleading information under Article 74 DSA. In addition, the Commission may impose fines for up to 6 percent of the total worldwide annual turnover of each platform in cases of violations of the Regulation.

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