EU Commission Proceedings – Can TikTok Win Elections?

Jan 17, 2025 Benn-Ibler Rechtsanwälte

Would Romania’s annulled presidential election have turned out differently without TikTok? The platform is under suspicion of being insufficiently active in the fight against foreign influence in elections. Therefore, the EU Commission has opened formal proceedings against TikTok.

The European Commission has opened formal proceedings against TikTok for an alleged breach of the Digital Services Act (DSA). The platform was required to properly assess and mitigate systemic risks linked to election integrity, notably in the context of the recent presidential elections in Romania.

‘We must protect our democracies from any kind of foreign interference. Whenever we suspect such interferences, especially during elections, we have to act swiftly and firmly’, said Ursula von der Leyen, European Commission President.

In particular, the investigation will focus on TikTok’s recommender system, i.e. the platform's algorithm, and whether it allows for coordinated manipulation and how such manipulation could be automated. In addition, TikTok’s policies on political advertisements and paid-for political content will be examined.

The Commission intends to gather further evidence through monitoring requests for access to algorithms and interviews following the opening of the proceedings.

Earlier in December, the Commission had issued a retention order ordering TikTok to freeze and preserve all data that could relate to actual and foreseeable systemic risks its service could pose to electoral processes in the EU. According to the European Commission, the retention order shall be remain valid for all upcoming EU elections at a national level until 31 March 2025.

Press release of the European Commission (17 December 2024)