A gathering between TikTok’s CEO, Shou Zi Chew, and senior European Union lawmakers which befell in the present day noticed the video sharing platform’s chief government quizzed on a variety of subjects — together with its preparations to adjust to incoming pan-EU guidelines targeted on content material governance and security (aka the Digital Companies Act; or DSA), and its strategy to current guidelines on privateness and knowledge safety (together with the Common Knowledge Safety Regulation).
Different subjects the EU mentioned its commissioners introduced up within the conferences with Chew included baby security, Russian disinformation and the transparency of paid political content material.
TikTok has confronted a variety of regulatory scrutiny throughout the bloc lately, together with complaints from shopper safety authorities and a variety of interventions by knowledge safety authorities — in addition to having two open GDPR enquiries in Eire (one into TikTok’s processing of youngsters’s knowledge; and one other into its knowledge transfers to China), which started in 2021.
Lately it has additionally sought to reply to regional issues about knowledge safety by opening considered one of its so-called “transparency and accountability facilities” to host guests from the bloc and discipline their questions. Plus it’s endeavor a knowledge localization mission — that can see EU customers’ data saved in a Dublin primarily based knowledge middle — as one other response to knowledge safety and safety issues (though that mission has confronted delays and might’t solely repair the info switch challenge since TikTok has admitted some non-EU-based staffers can entry EU person knowledge).
Extra regulatory scrutiny is coming as this yr TikTok may additionally face direct oversight by the European Fee itself — if it’s deemed to satisfy “gatekeeper” standards below the Digital Markets Act (DMA).
The DMA, which got here into pressure at first of November and is ready to begin to apply from early Might, is meant to complement conventional ‘after the very fact of abuse’ antitrust regulation by making use of a proactive set of operational ‘dos and don’ts’ to probably the most highly effective, intermediating platforms and can put some laborious limits on anti-competitive practices like self-preferencing (in addition to introducing some agency necessities in areas like interoperability and knowledge portability). So EU compliance necessities for platforms that fall below the DMA regime will step up significantly.
Whereas it’s not but confirmed whether or not TikTok shall be designated a core platform service topic to the DMA, there’s little question that fostering a strong working relationship with the bloc’s government is in its strategic pursuits — because the Fee shall be making designations and overseeing compliance for each the DMA and for a layer of further obligations that can apply to a subset of bigger platforms (so known as VLOPs) below the DSA — a class TikTok is nearly sure to fall into (even when it avoids being designated a DMA gatekeeper).
The DSA additionally entered into pressure final November however the bulk of provisions received’t apply earlier than February 2024. Nonetheless VLOPs have a shorter implementation interval — with compliance anticipated to be up and operating later this yr; platforms are given 4 months for implementation after a VLOP designation is made (so by mid yr the DSA is more likely to be pressure for a primary wave of VLOPs).
Speaking of strategic pursuits, the chaos of Elon Musk’s erratic management of rival social community Twitter additionally arguably creates a possibility for TikTok to current a extra cooperative face to the Fee — and search to win associates (or not less than keep away from making enemies) amongst commissioners who’re gaining highly effective new oversight capabilities (and enforcement powers) atop digital platforms this yr.
It’s clear the Fee is eating out on the picture alternatives of a Huge Tech CEO coming in individual to Brussels to press commissioner flesh.
In an announcement following a gathering between TikTok’s CEO and the EU’s EVP and head of digital technique, Margrethe Vestager, the Fee mentioned:
The target of the assembly with TikTok was to assessment how the corporate is getting ready for complying with its obligations below the European Fee’s regulation, particularly the Digital Companies Act (DSA) and probably below the Digital Markets Act (DMA). On the assembly the events additionally mentioned GDPR and issues of privateness and knowledge switch obligations with a reference to the current press reporting on aggressive knowledge harvesting and surveillance within the US.
The EU’s VP for values and transparency, Věra Jourová, additionally had a face-to-face assembly with Chew — and the EU mentioned she requested about a number of issues, together with the safety of non-public knowledge of Europeans and steps TikTok is taking to deal with disinformation on its platform, in addition to elevating a current controversy when TikTok was accused of utilizing the info of journalists to attempt to establish the supply of inner leaks.
In a read-out of the assembly, the EU mentioned Jourová “appreciated” the truth that TikTok joined the bloc’s Code of Apply on Disinformation (2020) and the way it “swiftly carried out EU sanctions in opposition to Russian propaganda retailers”, because it put it.
(One wonders if this taste of public reward by the EU can be a refined sideswipe at Musk and Twitter — given some blatant snubs the latter has doled out to Brussels in current months, such because the shuttering of its native coverage workplace.)
The EU’s learn out additionally notes that it acknowledges TikTok “recognises that non-EU state actors attempt to manipulate the content material on the platform to unfold disinformation and places efforts to deal with this challenge”, including the corporate knowledgeable it it’s investing in Ukraine and can ship an in depth report below the Disinformation Code.
(That may make attention-grabbing studying — given a examine final spring discovered Russian state propaganda to be flourishing on TikTok despite a claimed ban on uploads.)
After being questioned by Jourová in regards to the awkward challenge of the (ab)use of the info of journalists to attempt to establish inner leakers, the EU mentioned Chew confirmed this was mistaken and instructed it the folks liable for the incident not work for the corporate. (And there’s additionally a tacit distinction with the EU lately warning Musk in regards to the arbitrary suspension of journalists who had been reporting on Musk’s resolution making at Twitter.)
Per the EU, the TikTok CEO additionally mentioned TikTok’s efforts round GDPR compliance — and talked about its funding in content material moderation practices, which he instructed it intention to restrict the impact of hate speech and different “poisonous content material”.
Chew additionally used the chance of facetime with EU commissioners to assert TikTok’s “mission is to encourage creativity and convey pleasure” — moderately than, y’know, dwelling on awkward accusations (and/or ethical panic) that the platform is a societal manipulation mission/’device of cultural management’ focused as Western children and with authoritarian hyperlinks to the Chinese language state…
In an announcement after the assembly, Jourová averted direct reference to such issues — opting as an alternative for extra diplomatic language in regards to the want for TikTok to ‘regain regulatory belief’:
I depend on TikTok to totally execute its commitments to go the additional mile in respecting EU regulation and regaining belief of European regulators. There can’t be any doubt that knowledge of customers in Europe are protected and never uncovered to unlawful entry from third-country authorities. It is vital for TikTok and different platforms to swiftly prepare for compliance with the brand new EU digital rulebook, the Digital Companies Act and the Digital Markets Act. I’m additionally trying ahead to seeing the primary report below the brand new anti-disinformation Code to be delivered by the tip of January. Transparency shall be a key aspect on this regard.
The 2 present GDPR probes of TikTok in Eire stay ongoing — with, per the regulator, the prospect of the kids’s knowledge enquiry being wrapped up by (or earlier than) the center of this yr (relying on how shortly disputes between DPAs may be settled). Whereas the China knowledge transfers enquiry may additionally attain a call round mid yr — however, once more, we perceive there are a number of things in play that might spin out the method so a ultimate resolution won’t seem till the tip of the yr.
TikTok was contacted for its view on the EU conferences however on the time of writing the corporate had not responded.
