Preliminary DSA investigation finds TikTok and Meta in breach of transparency rules

The European Commission has published details confirming its preliminary findings that TikTok and Meta may be in breach of the Digital Services Act (DSA) obligation to grant researchers adequate access to public data. The Commission found that Facebook, Instagram, and TikTok may have implemented burdensome procedures and tools, often leaving researchers with unreliable or partial data. This impacts the ability of researchers to conduct vital public scrutiny on whether users, including minors, are exposed to illegal or harmful content, a key transparency obligation under the DSA.

The Commission's preliminary findings against Meta also noted breaches relating to users' ability to notify illegal content and to effectively challenge moderation decisions. Both TikTok and Meta have the opportunity to review the investigatory files and address the Commission's preliminary findings. Depending on the outcome, the companies could face fines up to 6% of global turnover.

In related news, a Tech Policy Press article by Daphne Keller, the Director of Stanford Law School's Program in Law, Science & Technology Platform Regulation, discusses data scraping and research under the DSA. Keller points out that although the sections of the law addressing scraping are brief, they categorise researchers into three groups, each with different permissions. "Overall, Article 40 will significantly change the legal landscape—directly or indirectly—for three groups of researchers. Understanding those changes will be essential for those designing and legally vetting research projects," she wrote.