Your advertisement system leaves it exposed to a sanction under the DSA

Tiktok has one Announcement Library. Is available in any browserit is not necessary to have an account on the platform and, in theory, it allows us to consult what brands are announced, what content they promote and what type of users are directed. All this is part of an obligation imposed by the Digital Services Law (DSA) to the big online platforms. But there is a problem: according to the European Commission, which Tiktok offers is not enough.

This Thursday, Brussels has notified the Chinese company its first preliminary conclusions after a Open research in February 2024. According to the official statementTiktok would not be providing key information on the content of the ads, the profile of the users to whom they are directed or the entities that finance them. Nor does it allow exhaustive searches within the repository. And that, for the commission, limits the real utility of the tool.

A legal requirement that goes far beyond marketing

These obligations are not a simple recommendation. The DSA, in force since February 2024, imposes strict rules on Vary Large Online Platforms (Vlops)that is, those that exceed 45 million monthly users in the EU. Tiktok is part of that list since April 2023 and, as such, must meet a series of Additional requirements in terms of transparency, protection of fundamental rights and control of systemic risk.

This is the Tiktok advertisement library

These requirements include the creation of a public repository of advertisements accessible to anyone. Its objective is to facilitate the detection of fraudulent campaigns, misinformation, undercover operations or attempts at electoral manipulation. Open access to this information also allows researchers, authorities and civil society to audit the advertising behavior of the platforms.

In the case of Tiktok, Brussels believes that current mechanisms may not be complying with current legislation. The diagnosis, although preliminary, is based on the Internal Document Analysisfunctional evidence of the tools and interviews with experts, as detailed by the commission in its official note.

What can happen from now

The investigation is in a preliminary phase, which implies that Tiktok still has the right to review the file and present written allegations. But if the Commission confirms its conclusions and determines that there is a breach, it may issue a formal decision that activates the sanctioning regime of the DSA. That can translate into a fine of up to 6 % of the annual global billing of the company, in addition to reinforced supervision measures.

In statements collected by Reutersa company spokesman has affirmed that Tiktok remains committed to improving its transparency tools and supports the objectives of the regulation. However, he has shown his disagreement with some of the interpretations of the Commission and has indicated that the conclusions are preliminary, not “clear public guidelines.” It has also requested conditions of equality and a coherent application of the regulations.

Images | Swello

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