EU Flags Meta and TikTok Over Data Access Shortfalls

Preliminary findings suggest both platforms failed to meet transparency obligations under the Digital Services Act.

The European Commission has released initial findings indicating that Meta and TikTok may have breached key transparency requirements under the Digital Services Act (DSA). According to the report, both platforms imposed restrictive procedures that hindered researchers from accessing public data, a core obligation under the regulation. The DSA mandates that large online platforms provide mechanisms to monitor and mitigate illegal content while enabling independent scrutiny. Meta and TikTok have responded by defending their practices and expressing willingness to engage with regulators.

Research Access and Content Reporting Concerns

The Commission emphasized that enabling researchers to access platform data is essential for evaluating the societal impact of digital services. Meta’s Facebook and Instagram were cited for lacking user-friendly tools to report illegal content, including child sexual abuse material and terrorist content. Investigators noted that the platforms’ data access systems involved unnecessary steps and potentially misleading interface designs. These barriers may discourage users and researchers from engaging with the reporting process effectively.

TikTok was also included in the review, with similar concerns raised about the accessibility of public data for research purposes. The Commission stated that burdensome procedures could undermine transparency and accountability. Meta disputed the findings, claiming its systems comply with EU law and have been updated since the DSA took effect. TikTok acknowledged the report and highlighted potential conflicts between the DSA and the General Data Protection Regulation (GDPR), calling for clearer guidance from regulators.

Regulatory Process and Potential Penalties

The findings are part of an ongoing investigation and do not represent a final judgment. Both companies have the opportunity to respond and implement corrective measures before any enforcement action is taken. If violations are confirmed, the Commission may impose fines of up to 6% of global annual revenue. Meta has indicated it will continue discussions with EU authorities to resolve the concerns.

TikTok’s spokesperson stressed the importance of balancing transparency with data protection obligations. The company argued that easing safeguards could conflict with GDPR requirements, complicating compliance efforts. Regulators are expected to clarify how these overlapping rules should be interpreted. The outcome of this case may influence future enforcement strategies and platform design standards across the EU.

Implications for Platform Governance

The DSA represents a significant shift in how the EU regulates digital platforms, focusing on systemic accountability and user rights. Meta and TikTok’s cases highlight the challenges of aligning technical systems with legal expectations. Researchers rely on accessible data to assess platform influence on public health, safety, and democratic processes. Ensuring that these mechanisms function effectively is central to the DSA’s goals.

If the Commission’s findings lead to formal penalties, it could set a precedent for stricter oversight of platform transparency. Companies may need to redesign user interfaces and streamline data access procedures to meet regulatory standards. The broader impact could extend to other platforms facing similar obligations under the DSA framework.