EC Opens Investigation into TikTok on Romanian Election Risks

The European Commission has opened formal proceedings against TikTok for a suspected breach of the Digital Services Act (DSA). The EC is investigating TikTok's obligation to assess and mitigate systemic risks linked to election integrity, notably in the context of the recent Romanian presidential elections on 24 November.

“We must protect our democracies from any kind of foreign interference. Whenever we suspect such interference, especially during elections, we have to act swiftly and firmly. Following serious indications that foreign actors interfered in the Romanian presidential elections by using TikTok, we are now thoroughly investigating whether TikTok has violated the Digital Services Act by failing to tackle such risks. It should be crystal clear that in the EU, all online platforms, including TikTok, must be held accountable,” said EC President Ursula von der Leyen.

The proceedings will focus on managing risks to elections or civic discourse, linked to TikTok's recommender systems and its policies on political advertisements and paid-for political content. Regarding both elements, one of the suspicions the EC will investigate is whether TikTok has diligently mitigated the risks posed by specific regional and linguistic aspects of national elections. The decision to open an investigation takes into account information received from declassified intelligence reports by the Romanian authorities, as well as third-party reports. The investigation also follows the analysis of the risk assessment reports submitted by TikTok in 2023 and 2024, the replies to the EC's requests for information, and internal documents provided by TikTok.

On 5 December 2024, the EC issued a retention order to TikTok, ordering the platform to freeze and preserve data related to actual or foreseeable systemic risks its service could pose on electoral processes and civic discourse in the EU. This retention order concerns national elections in the European Union between 24 November 2024 and 31 March 2025. This is the third investigation that the EC has launched against TikTok, following the ongoing investigation opened last February, and the investigation closed with commitments in August.