EU finds ByteDance-owned platform failed to provide required data on targeted advertising; faces potential 6% global turnover fine
The European Commission on Thursday formally accused TikTok of breaching the European Union’s Digital Services Act (DSA), alleging that the company failed to meet transparency obligations around advertising on its platform. The preliminary findings put TikTok’s parent company, ByteDance, at risk of a fine of up to 6% of global annual turnover if the conclusions are upheld.
This is the first time the EU has charged TikTok under the DSA, which came into effect in 2023 and imposes stringent requirements on the world’s largest digital platforms to combat harmful content, increase transparency, and protect users — particularly in the context of elections and disinformation.
TikTok ad repository under scrutiny
The Commission said TikTok failed to provide a searchable advertisement repository that meets the DSA’s requirements. Platforms covered under the Act must allow researchers and the public to access detailed information about online advertisements — including who paid for them, which audiences were targeted, and the nature of the content.
“In our preliminary view, TikTok is not complying with the DSA in key areas of its advertisement repository, preventing the full inspection of the risks brought about by its advertising and targeting systems,” said Henna Virkkunen, the EU’s executive vice-president for tech sovereignty, security, and democracy.
The Commission said the repository lacked core functionalities, limiting its use for detecting scam ads, hybrid threats, and coordinated influence campaigns — particularly in politically sensitive contexts such as elections.
TikTok said it is reviewing the findings and remains committed to meeting its obligations under the DSA. However, the company criticised the process, saying it disagreed with some of the Commission’s interpretations and that regulators were relying on “preliminary findings rather than clear, public guidelines.”
Context: election concerns and ongoing probes
The charge comes amid broader scrutiny of TikTok in Europe. A separate investigation, launched in December 2024, is examining whether the platform failed to mitigate election interference risks in Romania’s presidential election, which was marred by allegations of Russian disinformation campaigns.
Although Thursday’s advertising charge stems from an earlier February 2024 probe and is technically separate, Commission officials acknowledged that TikTok’s failure to maintain a functional ad repository has made it harder to assess potential misuse during election campaigns.
“Of course it’s not helping that your ad repository is not working,” said Commission spokesperson Thomas Regnier. “But this does not prejudge the outcome of the election integrity investigation.”
TikTok has said it cooperates with election authorities and has established reporting channels for content that may violate its guidelines or local regulations. EU officials, however, are investigating whether those efforts were sufficient and whether TikTok’s algorithmic recommendation systems — including the so-called “rabbit hole” effect — may have exposed users to increasingly extreme content.
TikTok faces growing EU pressure
TikTok is also being investigated under the DSA for other issues, including its age verification practices, addictive design features (especially on the now-defunct Lite app), and the potential psychological harm caused by trends such as “SkinnyTok.”
The Commission’s actions against TikTok follow similar enforcement steps against other tech giants. In 2023, X (formerly Twitter) was also accused of violating DSA rules, particularly around misinformation and account verification practices.
The Commission has given TikTok the opportunity to respond to the preliminary findings before a final decision is made. If the charges are upheld, TikTok could face both financial penalties and an enhanced supervision period designed to enforce compliance.
“Transparency in online advertising — who pays and how audiences are targeted — is essential to safeguarding the public interest,” said Virkkunen. “Whether we are defending the integrity of our democratic elections, protecting public health, or shielding consumers from scam ads, citizens have a right to know who is behind the messages they see.”
