The European Commission has accused Meta and TikTok of breaching transparency requirements under the Digital Services Act (DSA), claiming both companies failed to provide researchers adequate access to public data. This marks the latest regulatory challenge for the technology companies in the European Union, where they already face other investigations and fines.

In preliminary findings released on October 24, the Commission states that Facebook, Instagram, and TikTok “may have put in place burdensome procedures and tools for researchers to request access to public data.” According to regulators, this practice “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.”

The Commission adds that Meta faces additional accusations related to its content moderation systems, preliminarily finding both Instagram and Facebook “in breach of obligations to provide users simple mechanisms to notify illegal content, as well as to allow them to effectively challenge content moderation decisions.”

As CNBC reports, both companies now have the opportunity to examine and respond to these findings in writing.

Company Responses

Meta spokesperson Ben Walters disputes the allegations, stating, “We disagree with any suggestion that we have breached the DSA, and we continue to negotiate with the European Commission on these matters.” The company maintains it has introduced changes to content reporting options, appeals processes, and data access tools to comply with DSA requirements.

TikTok similarly defends its practices, with a spokesperson telling CNBC the platform “is committed to transparency and values the contribution of researchers.” The company highlights potential regulatory conflicts, noting that “requirements to ease data safeguards place the DSA and GDPR (General Data Protection Regulation) in direct tension.”

If upheld, these preliminary findings could result in significant financial penalties. The Commission can issue non-compliance decisions carrying fines of up to 6% of companies’ total worldwide annual turnover.

Broader Regulatory Context

This investigation follows other recent EU actions against these platforms. Meta received a €200 million fine in April under the Digital Markets Act related to data collection consent practices. TikTok faced a €530 million penalty earlier this year from Irish authorities over data transfers to China.

The companies are also challenging other aspects of EU tech regulation. Both Meta and TikTok recently won a legal victory against the European Commission regarding DSA supervisory fee calculations, with regulators given 12 months to revise their methodology.

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