EU opens formal proceedings against TikTok on election risks in Romania

Today, the European Commission has launched a formal investigation into TikTok over concerns of violating the Digital Services Act (DSA). The focus is on TikTok’s ability to manage systemic risks linked to election integrity, particularly during the recent Romanian presidential elections held on November 24.

Commission President Ursula von der Leyen emphasized the urgency of protecting democratic processes. “We must protect our democracies from any kind of foreign interference. Whenever we suspect such interference, especially during elections, we have to act swiftly and firmly,” she said. “Following serious indications that foreign actors interfered in the Romanian presidential elections by using TikTok, we are now thoroughly investigating whether TikTok has violated the Digital Services Act by failing to tackle such risks.”

The investigation will center on two key areas. First, it will examine TikTok’s recommender systems and whether they were vulnerable to coordinated manipulation or automated exploitation. Second, it will look at the platform’s policies on political advertisements and paid political content. One concern is whether TikTok addressed risks specific to regional and language differences in national elections.

If these suspicions are confirmed, TikTok could be found in violation of Articles 34(1), 34(2), and 35(1) of the DSA. However, the opening of these proceedings does not mean a final decision has been made. The Commission is treating the matter as a priority.

The investigation stems from intelligence provided by Romanian authorities, third-party reports, and TikTok’s own risk assessments from 2023 and 2024. The Commission also relied on TikTok’s responses to earlier requests for information and internal documents.

Ireland’s Digital Services Coordinator, Coimisiún na Meán, will support the investigation. Ireland plays a central role because TikTok’s European headquarters is located there.

As part of the next steps, the Commission will collect further evidence. This may include interviews, inspections, and analysis of TikTok’s algorithms. TikTok may also face requests to provide data or internal documents under a previous retention order issued on December 5. This order requires TikTok to preserve data related to electoral risks between November 2024 and March 2025.

The investigation gives the Commission the power to impose interim measures, enforce compliance, or accept commitments from TikTok to address the issues. There is no set deadline for concluding the investigation, as its duration will depend on the complexity of the case and TikTok’s level of cooperation.

This is the third formal proceeding against TikTok under the DSA. The previous investigation, launched in February 2024, is still ongoing, while another was resolved with commitments from the company in August 2024.

To help address harmful practices by large online platforms, the Commission also introduced a DSA Whistleblower Tool in April 2024. This platform allows individuals to securely report harmful practices while protecting their identity.