Commission preliminarily finds TikTok\'s ad repository in breach of the Digital Services Act
ec.europa.eu
Today, the Commission has informed TikTok of its preliminary view that the company does not fulfil the Digital Services Act (DSA)\'s obligation to publish an advertisement repository.

The European Commission has informed TikTok of its preliminary view that the company does not fulfil the Digital Services Act (DSA)'s obligation to publish an advertisement repository. Such an advertising repository is critical for researchers and civil society to detect scam advertisements, hybrid threat campaigns, as well as coordinated information operations and fake advertisements, including in the context of elections.

The Commission has found that TikTok does not provide the necessary information about the content of the advertisements, the users targeted by the ads, and who paid for the advertisements. Moreover, TikTok’s advertisement repository does not allow the public to search comprehensively for advertisements on the basis of this information, thereby limiting the usefulness of the tool.

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TikTok now has the possibility to exercise its rights of defence by examining the documents in the Commission’s investigation file and by replying in writing to the Commission’s preliminary findings. In parallel, the European Board for Digital Services will be consulted.

If the Commission’s preliminary views were to be ultimately confirmed, the Commission may issue a non-compliance decision, which may trigger a fine of up to 6% of the total worldwide annual turnover of the provider as well as an enhanced supervision period to ensure compliance with the measures the provider intends to take to remedy the breach. The Commission can also impose periodic penalty payments to compel a platform to comply.

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[The EU sees the advertisement repository as a vital tool enabling researchers to detect scam ads and coordinated campaigns that aim to disrupt elections such as it happened in Romania that was plunged into political chaos last year when the first round of the presidential election was annulled. Back then, the country’s intelligence services alleged that Russia had mounted an online campaign to promote a far-right and previously widely unknown politician who topped the poll. On Sunday [May 18], Romania will choose between two candidates in the second round of the rescheduled presidential elections.]