By Caroline Greer, Director of Public Policy and Government Relations, Brussels
200 million people in Europe come to TikTok every month, and protecting them is our core responsibility.
Like all large online platforms in the EU, we are already subject to some of Europe's strongest regulatory standards, including the Digital Services Act (DSA), and invest heavily to meet them. We support effective regulation that sets a level-playing-field and delivers tangible benefits to users, creators, and the digital ecosystem.
We also go above and beyond legal requirements, and have built robust safeguards to protect and empower our younger users, particularly through age assurance and age appropriate design. On TikTok, teen accounts have more than 50 different features and settings designed just for them, so they can safely express their creativity, connect with friends, and learn.
To further strengthen the protection of consumers, especially minors, the focus should be on giving companies clearer guidance on specific topics or where the regulatory landscape is particularly complex, levelling the playing-field and improving enforcement, rather than introducing new rules that add complexity. This would also be in line with the European Commission's objectives to simplify and streamline EU digital regulation.
However, if clear gaps remain, targeted rules may be needed. All companies serving European consumers should follow the same rules, regardless of their size, sector or origin, ensuring that consumers are equally protected across all online spaces.
Protecting users and their well-being online
Consumers are less protected when using services that are not already regulated by the DSA and the Guidelines on the online protection of minors, particularly when it comes to assessing and mitigating the risks of "persuasive design features that are aimed predominantly at engagement and that may lead to extensive use or overuse of the platform or problematic or compulsive behavioural habits". We consider this terminology more appropriate than that used in the Digital Fairness Act (DFA) consultation regarding 'addictive design features', given that scientific consensus on 'digital addiction' is still evolving and reliance on 'screentime' alone as evidence in this regard is overly simplistic (see here and here, for instance).
To create a level-playing field and ensure consumers are protected wherever they go online, all online services not already subject to the DSA should also be required to take reasonable steps to assess and mitigate the risks of "persuasive design features". This requirement should be proportionate to the specific risks posed by each online service, rather than ban certain design features as a whole.
We also encourage the European Commission to consider the entire online ecosystem in its forthcoming EU inquiry on the impact of social media on well-being, as well as broader societal factors, and we stand ready to support policymakers in this complex effort.
Ensuring consumers are at the centre of online services
At TikTok, the personalised For You Feed (FYF) is at the heart of the user experience, enabling people to discover things they love, express themselves, and build communities. We're always listening to consumer feedback and adapting to regulatory requirements, offering users more ways to shape and control their online experience, including non-personalised options, the ability to refresh their FYF and manage topics and ad preferences.
Personalisation has changed the digital experience for millions of users for the better and given birth to thriving new business models. Concerns related to personalisation are already adequately addressed by existing laws, including the GDPR, the ePrivacy Directive, and the UCPD. Large online platforms, including TikTok, are also subject to additional, and auditable, regulatory requirements. For this reason, we believe that there are no clear regulatory gaps in relation to personalisation. We urge the European Commission to avoid imposing prescriptive and/or conflicting design and information obligations, which could require online services to make decisions that go counter to optimal user experience, for instance regarding consent for "cookies".
Online services are best equipped to design their products and services in a way that serves consumer's needs, providing a seamless experience for consumers and encouraging choice. Legitimate personalisation of products and services should not be restricted, and any new rules should also consider fair competition and a level-playing-field.
Boosting the protection of EU consumers through simplification, harmonisation and enforcement
There is a real opportunity to improve the regulatory environment so that companies can more easily comply with EU rules, including through the forthcoming Digital Fitness Check.
A major challenge to effective consumer protection across the EU is inconsistent enforcement. We encourage the European Commission to consider creating a central enforcement authority in the EU, with the responsibility for setting the strategic direction for enforcement, and the power to investigate, oversee cases of alleged widespread infringement, and mediate cross-border enforcement outcomes. A more coordinated enforcement strategy and better collaboration with other relevant EU and national authorities (e.g. DSA and GDPR authorities), would support businesses in their ongoing compliance efforts.
We look forward to continuing to engage constructively and supporting the European Commission, European Parliament and EU Member States in the design of effective regulation that protects all consumers across Europe.
You can read our Digital Fairness Act consultation response here.