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A gathering between TikTok’s CEO, Shou Zi Chew, and senior European Union lawmakers which came about in the present day noticed the video sharing platform’s chief govt quizzed on a variety of matters — together with its preparations to adjust to incoming pan-EU guidelines centered on content material governance and security (aka the Digital Companies Act; or DSA), and its strategy to present guidelines on privateness and information safety (together with the Normal Information Safety Regulation).
Different matters the EU mentioned its commissioners introduced up within the conferences with Chew included baby security, Russian disinformation and the transparency of paid political content.
TikTok has confronted a variety of regulatory scrutiny throughout the bloc in recent times, together with complaints from consumer protection authorities and a number of interventions by data protection authorities — in addition to having two open GDPR enquiries in Eire (one into TikTok’s processing of kids’s information; and another into its data transfers to China), which started in 2021.
Lately it has additionally sought to reply to regional issues about information safety by opening one in all its so-called “transparency and accountability centers” to host guests from the bloc and discipline their questions. Plus it’s enterprise an information localization venture — that can see EU customers’ data saved in a Dublin primarily based information middle — as one other response to information safety and safety issues (though that project has faced delays and may’t completely repair the info switch concern since TikTok has admitted some non-EU-based staffers can entry EU person information).
Extra regulatory scrutiny is coming as this 12 months TikTok might 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 drive in the beginning of November and is about 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 essentially 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 information 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 govt 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 referred to as VLOPs) below the DSA — a class TikTok is sort of sure to fall into (even when it avoids being designated a DMA gatekeeper).
The DSA also entered into force last November however the bulk of provisions received’t apply earlier than February 2024. Nevertheless VLOPs have a shorter implementation interval — with compliance anticipated to be up and operating later this 12 months; platforms are given 4 months for implementation after a VLOP designation is made (so by mid 12 months the DSA is prone to be drive for a primary wave of VLOPs).
Speaking of strategic pursuits, the chaos of Elon Musk’s erratic leadership of rival social network Twitter additionally arguably creates a possibility for TikTok to current a extra cooperative face to the Fee — and search to win pals (or at the very least keep away from making enemies) amongst commissioners who’re gaining highly effective new oversight capabilities (and enforcement powers) atop digital platforms this 12 months.
It’s clear the Fee is eating out on the photo opportunities of a Massive Tech CEO coming in particular person to Brussels to press commissioner flesh.
In a press release 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 evaluate 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 information switch obligations with a reference to the latest press reporting on aggressive information 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 private information of Europeans and steps TikTok is taking to handle disinformation on its platform, in addition to elevating a recent controversy when TikTok was accused of using the data of journalists to attempt to establish the supply of inside leaks.
In a read-out of the assembly, the EU mentioned Jourová “appreciated” the truth that TikTok joined the bloc’s Code of Follow on Disinformation (2020) and the way it “swiftly carried out EU sanctions in opposition to Russian propaganda shops”, because it put it.
(One wonders if this taste of public reward by the EU can also be a delicate sideswipe at Musk and Twitter — given some blatant snubs the latter has doled out to Brussels in latest months, such because the shuttering of its local policy office.)
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 handle this concern”, including the corporate knowledgeable it it’s investing in Ukraine and can ship an in depth report below the Disinformation Code.
(Which may make attention-grabbing studying — given a research last spring discovered Russian state propaganda to be flourishing on TikTok regardless of a claimed ban on uploads.)
After being questioned by Jourová concerning the awkward concern of the (ab)use of the info of journalists to attempt to establish inside leakers, the EU mentioned Chew confirmed this was flawed and instructed it the folks answerable for the incident now not work for the corporate. (And there’s additionally a tacit distinction with the EU recently warning Musk about the arbitrary suspension of journalists who had been reporting on Musk’s determination 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 produce pleasure” — reasonably than, y’know, dwelling on awkward accusations (and/or moral panic) that the platform is a societal manipulation venture/’software of cultural management’ focused as Western youngsters and with authoritarian hyperlinks to the Chinese language state…
In a press release after the assembly, Jourová averted direct reference to such issues — opting as a substitute for extra diplomatic language concerning the want for TikTok to ‘regain regulatory belief’:
I rely 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 information of customers in Europe are protected and never uncovered to unlawful entry from third-country authorities. It can be crucial 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 top 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 information enquiry being wrapped up by (or earlier than) the center of this 12 months (relying on how shortly disputes between DPAs will be settled). Whereas the China information transfers enquiry might additionally attain a choice round mid 12 months — however, once more, we perceive there are a selection of things in play that might spin out the method so a remaining determination may not seem till the top of the 12 months.
TikTok was contacted for its view on the EU conferences however on the time of writing the corporate had not responded.
