If you’ve ever joined me in the misfortune of downloading TikTok, you’ve probably spent at least one evening mindlessly scrolling until two or three in the morning, not even looking for anything in particular to watch. According to the EU, that needs to change, as the region has preliminarily determined that the “addictive” app is in violation of its Digital Services Act.
The decision came on Feb. 5 and followed an investigation from the European Commission into the effects that features including infinite scrolling, autoplay, push notifications, and the fabled TikTok algorithm have on the minds of users. According to the commission’s findings, “TikTok did not adequately assess how these addictive features could harm the physical and mental wellbeing of its users, including minors and vulnerable adults.” What will follow is likely a lengthy legal battle that could end up with the app having to either change how it operates and/or pay a hefty fine. And while it sounds like the effects would be limited to Europe, they could have global ramifications. Here’s what’s going on with the state of TikTok in Europe, and what you need to know about what comes next.
What is the Digital Services Act, and how did TikTok break it?
The EU’s Digital Services Act started being enforced in 2022, and generally focuses on regulating everyday online platforms, including marketplaces and social media apps. As TikTok is both of these in one, it falls under the act’s scrutiny, although it might not be the TikTok you’re thinking of. Specifically, the target here would be original TikTok owners ByteDance, rather than the new ownership for the American version of the app. That’s because ByteDance continues to operate TikTok outside of the United States, although Americans might still see some fallout from the EU’s regulation.
The Digital Services Act’s main focuses are on increased transparency, the ability to fight content moderation decisions, protections for minors, and most relevant in this case, non-algorithmic feeds and dark patterns. The EU’s investigation into the app began in 2024, with regulators being concerned about the app encouraging a “rabbit hole effect” among viewers, as well as how secure the app might be for minors. According to the investigation’s preliminary findings, the app is “constantly ‘rewarding’ users with new content,” sourcing videos that “fuel the urge to keep scrolling and shift the brain of users into ‘autopilot mode.'”
The regulators bring up scientific research to back up their claims, although specific papers are not linked. I’ve reached out to the European Commission for comment and will update this post when I hear back. Whatever the EU’s sources, however, there is no shortage of research supporting this claim. The NIH has previously “identified key addiction-related factors” in the app, and a number of universities have found that TikTok’s “seamless experience” and “reward pattern” can encourage reckless engagement. Scientists have compared the thrill of pulling up a new video to gambling, as the variable quality of the surfaced content leaves viewers seeking the next big hit, similar to a slot machine.
According to the EU, “TikTok disregarded important indicators of compulsive use of the app,” specifically regarding nighttime use from minors, as well as users frequently coming back to the app after closing it. While the Commission does acknowledge the app’s existing screen time management and parental control features, the organization also argues that these aren’t enough.
According to the European Commission’s investigation, TikTok’s current tools for combatting the “rabbit hole effect” need to be changed. The regulators say that the app’s current time management tools “are easy to dismiss and introduce limited friction,” which reduces their effectiveness, while “parental controls may not be effective because they require additional time and skills from parents to introduce the controls.”
Regulators say that, if their findings are confirmed, the app must take more direct measures by changing how it operates. Examples for how to achieve this include “disabling features such as ‘infinite scroll’ over time” and “adapting its recommender system,” aka algorithm. In other words, regulators are suggesting that TikTok get rid of its bread and butter. In addition, the Commission also brings up the possibility of implementing “screen time breaks,” especially “during the night.”
Those would be some pretty major changes, but it’s worth noting that all of this is still preliminary, which means it will be a while before users see any changes stemming from this regulation. As part of the process, TikTok may now defend itself, examining the Commission’s investigation files and replying to its findings. No timeline is given here, meaning this could drag out for a good while. For instance, Apple is still fighting with the EU over supposed Digital Markets Act violations, while Meta only recently resolved a similar action from 2024.
That means any TikTok users in the EU who are worried about losing access to key features needn’t worry quite yet. However, if TikTok is found guilty of violating the Digital Services Act, it could face a fine of up to 6% of its “worldwide annual turnover,” although this is up to the discretion of regulators. That would, however, add up to billions of dollars, and continuing to act in violation of the act rather than making changes could result in further fines.
On TikTok’s end, the app told The Financial Times that “The Commission’s preliminary findings present a categorically false and entirely meritless depiction of our platform,” and that ByteDance will “take whatever steps are necessary” to fight the decision. I’ve reached out to TikTok’s European ownership, and will update this post when I hear back.
How will this affect the U.S.?
While U.S.-based readers might think that their apps will remain clear from any EU regulatory changes, that may not be the case. Designing different products for different sections of the market takes time and money, and that’s time TikTok might not be willing to spend. For instance, Apple’s global move to USB-C in its products stemmed from European regulation as well.
Granted, Apple is owned by the same parent companies worldwide, so it is possible TikTok’s new U.S. ownership might not be affected from changes elsewhere. However, it’s worth noting that one of the EU’s bigger issues is with TikTok’s algorithm, or “recommender system,” which the U.S. ownership currently licenses from Bytedance rather than owning outright. Any changes made overseas could bleed their way into our app on this side of the pond as well, especially as U.S. TikTok does maintain some parity with global TikTok, allowing American viewers to watch videos from the more than 200 million users in Europe, in addition to other areas around the world.
What do you think so far?