EC Finds TikTok's Ad Repository in Breach of the DSA

The European Commission has informed TikTok of its preliminary view that the company does not fulfil the Digital Services Act (DSA)'s obligation to publish an advertisement repository. Such an advertising repository is critical for researchers and civil society to detect scam advertisements, hybrid threat campaigns, as well as coordinated information operations and fake advertisements, including in the context of elections. 

The EC has found that TikTok does not provide the necessary information about the content of the advertisements, the users targeted by the ads, and who paid for the advertisements. Moreover, TikTok's advertisement repository does not allow the public to search comprehensively for advertisements on the basis of this information, thereby limiting the usefulness of the tool. 

TikTok can now exercise its rights of defence by examining the documents in the EC's investigation file and by replying in writing. In parallel, the European Board for Digital Services will be consulted.  If the preliminary views were to be ultimately confirmed, the EC may issue a non-compliance decision, which may trigger a fine of up to 6% of the total worldwide annual turnover of the provider as well as an enhanced supervision period to ensure compliance with the measures the provider intends to take to remedy the breach. The EC can also impose periodic penalty payments to compel a platform to comply.