Commission preliminarily finds TikTok and Meta in breach of their transparency obligations under the Digital Services Act
Today, the European Commission preliminarily found both TikTok and Meta in breach of their obligation to grant researchers adequate access to public data under the Digital Services Act (DSA). The Commission also preliminarily found Meta, for both Instagram and Facebook, in breach of its obligations to provide users simple mechanisms to notify illegal content, as well as to allow them to effectively challenge content moderation decisions.
Data access for researchers
The Commission’s preliminary findings show that Facebook, Instagram and TikTok may have put in place burdensome procedures and tools for researchers to request access to public data. This often leaves them with partial or unreliable data, impacting their ability to conduct research, such as whether users, including minors, are exposed to illegal or harmful content.
Allowing researchers access to platforms’ data is an essential transparency obligation under the DSA, as it provides public scrutiny into the potential impact of platforms on our physical and mental health.
Notice and Action mechanisms
When it comes to Meta, neither Facebook nor Instagram appear to provide a user-friendly and easily accessible ‘Notice and Action’ mechanism for users to flag illegal content, such as child sexual abuse material and terrorist content. The mechanisms that Meta currently applies seems to impose several unnecessary steps and additional demands on users. In addition, both Facebook and Instagram appear to use so-called ‘dark patterns’, or deceptive interface designs, when it comes to the ‘Notice and Action’ mechanisms.
Such practices can be confusing and dissuading. Meta’s mechanisms to flag and remove illegal content may therefore be ineffective. Under the DSA, ‘Notice and Action’ mechanisms are key to allowing EU users and trusted flaggers to inform online platforms that certain content does not comply with EU or national laws. Online platforms do not benefit from the DSA’s liability exemption in cases where they have not acted expeditiously after being made aware of the presence of illegal content on their services.
Content moderation appeals
The DSA also gives users in the EU the right to challenge content moderation decisions when platforms remove their content or suspend their accounts. At this stage, the decision appeal mechanisms of both Facebook and Instagram does not appear to allow users to provide explanations or supporting evidence to substantiate their appeals. This makes it difficult for users in the EU to further explain why they disagree with Meta’s content decision, limiting the effectiveness of the appeals mechanism.
The Commission’s views related to Meta’s reporting tool, dark patterns and complaint mechanism are based on an in-depth investigation, including co-operation with Coimisiún na Meán, the Irish Digital Services Coordinator.
These are preliminary findings which do not prejudge the outcome of the investigation.
Next steps
Facebook, Instagram and TikTok now have the possibility to examine the documents in the Commission’s investigation files and reply in writing to the Commission’s preliminary findings. The platforms can take measures to remedy the breaches. In parallel, the European Board for Digital Services will be consulted.
If the Commission’s views are ultimately confirmed, the Commission may issue a non-compliance decision, which can trigger a fine of up to 6% of the total worldwide annual turnover of the provider. The Commission can also impose periodic penalty payments to compel a platform to comply.
New possibilities for researchers will open up on 29 October 2025, as the delegated act on data access comes into force. This act will grant access to non-public data from very large online platforms and search engines, aiming to enhance their accountability and identify potential risks arising from their activities.
Background
The Commission’s preliminary findings are part of the Commission’s formal proceedings launched into Meta, and formal proceedings to investigate TikTok, under the DSA. The Commission continues its investigation into other potential breaches that are part of these ongoing proceedings. These formal proceedings under the DSA are distinct from ongoing investigations against Facebook, Instagram and TikTok concerning compliance with other relevant EU law.
Quote(s)
Our democracies depend on trust. That means platforms must empower users, respect their rights, and open their systems to scrutiny. The DSA makes this a duty, not a choice. With today’s actions, we have now issued preliminary findings on researchers’ access to data to four platforms. We are making sure platforms are accountable for their services, as ensured by EU law, towards users and society.
Henna Virkkunen, Executive Vice-President for Tech Sovereignty, Security and Democracy
President von der Leyen participates in Nordic Council meeting, Sweden
European Commission President Ursula von der Leyen will be in Sweden on Monday 27th and Tuesday 28th October 2025 for her first ever participation in a Nordic Council meeting. This visit will be an opportunity to engage with the region’s leaders on competitiveness, defence readiness and the Arctic.
On Monday evening, President von der Leyen will participate in a working dinner with business leaders and Swedish ministers hosted by the Prime Minister of the Kingdom of Sweden, Ulf Kristersson.
On Tuesday morning, President von der Leyen will participate in a joint meeting with the Nordic Prime Ministers – Mette Frederiksen, Prime Minister of Denmark; Jonas Gahr Støre, Prime Minister of Norway; Petteri Orpo, Prime Minister of Finland; Kristrún Frostadóttir, Prime Minister of Iceland; Katrin Sjögren, Premier of Åland; Aksel V. Johannesen, Prime Minister of the Faroe Islands; and Jens-Frederik Nielsen, Prime Minister of Greenland, together with Karen Elleman, Secretary-General of the Nordic Council of Ministers. A press conference is foreseen after the meeting, around 10:45 CET. It will be broadcast live on EBS. The President will then attend a lunch hosted by His Majesty Carl XVI Gustaf at the Royal Palace.
In the afternoon, President von der Leyen will head to Riksdagen, the Swedish Parliament, to deliver a keynote speech at the Nordic Council’s 77th session, on the theme ‘The Nordics together – Nordic value and cohesion in troubled times.’ Follow the speech live on EBS as of 14:00 CET.
(For more information: Olof Gill – Tel.: +32 2 296 59 66)
Commissioner Jørgensen in Romania and Bulgaria for key discussions on interconnectivity, energy security and prices
On 27-28 October, Commissioner for Energy and Housing Dan Jørgensen will be in Romania to co-host the Ministerial meeting of the High-Level Group on Central and South-Eastern Europe Energy Connectivity (CESEC) and in Bulgaria to visit the Vertical Gas Corridor.
On Monday, Commissioner Jørgensen will co-host the CESEC Ministerial with the Romanian Energy Minister, Ivan Bogdan-Gruia, where discussions will focus on delivering REPowerEU objectives as the EU advances its negotiations to gradually phase out fossil fuel imports from Russia. Discussions will also touch upon how to make energy prices more affordable via stronger interconnectivity, market integration and diversification. The discussion will build on the set of actions to lower energy prices outlined by the Commission earlier this week, including an upcoming gas demand aggregation exercise for interested parties in the region. At around 10:45 CEST, the Commissioner will hold a joint press point with the Romanian Energy Minister that you can follow live on EBS.
Commissioner Jørgensen will meet with the Romanian Prime Minister, Ilie Bolojan, and hold a series of bilateral meetings with Ivan Bogdan-Gruia, Romanian Energy Minister; George Niculescu, President of the National Regulator Authority; and Ion Sterian, General Director of the national gas transmission system operator (TSO) Transgaz. In the afternoon, he will visit the National Energy Dispatch Centre, managed by Transelectrica power TSO.
On Tuesday, in Bulgaria, Commissioner Jørgensen and Ministers of the respective European countries involved in the Vertical Gas Corridor will visit the facilities under construction. They will address the press on the importance to enhancing energy security and diversifying gas supplies in Central and Southeastern Europe, which plays a key role in phasing out Russian gas imports.
Audiovisual coverage of the Commissioner’s CESEC participation and visits will be available on EBS.