TikTok's Addictive Design in Breach of the DSA

The European Commission preliminarily found TikTok in breach of the Digital Services Act for its addictive design. This includes features such as infinite scroll, autoplay, push notifications, and its highly personalised recommender system.

The investigation indicates that TikTok did not adequately assess how these addictive features could harm the physical and mental well-being of its users, including minors and vulnerable adults. For example, by constantly ‘rewarding' users with new content, certain design features of TikTok fuel the urge to keep scrolling and shift the users' brains into ‘autopilot mode'.

Scientific research shows that this may lead to compulsive behaviour and reduce users' self-control. Additionally, TikTok disregarded important indicators of compulsive use of the app, such as the time that minors spend on TikTok at night, the frequency with which users open the app, and other potential indicators.

EC said that TikTok seems to fail to implement reasonable, proportionate, and effective measures to mitigate risks stemming from its addictive design. At this stage, the EC considers that TikTok needs to change the basic design of its service. TikTok can now exercise its right to defence.

It may examine the documents in the investigation files and reply in writing. In parallel, the European Board for Digital Services will be consulted. If the EC views are ultimately confirmed, the Commission may issue a non-compliance decision, which can trigger a fine.