Preliminary findings of the European Commission’s verification actions show that TikTok and Meta have breached certain transparency obligations under the Digital Services Act (DSA).
According to European Commission’s announcement, both platforms have breached the obligation to grant researchers adequate access to data. Meta, for both Instagram and Facebook, also failed to comply with its obligations to provide users simple mechanisms to report illegal content (“notice-and-action”) and to ensure effective tools for challenging content moderation decisions.
Data access for researchers – an essential transparency obligation
Commission preliminary findings show that TikTok and Meta failed to provide adequate and effective access to data for independent researchers, as required by Article (40) of DSA.
The Commission considers that Facebook, Instagram and TikTok have implemented excessively complex and restrictive procedures for requesting access to data, thus affecting the work of independent researchers.
Access to data is a key tool for transparency and public accountability, enabling the assessment of the platforms’ impact on users, including minors, and on public health, democracy and online safety.
Notice and action mechanisms – Core elements of user protection
The Commission observed that Meta’s current mechanisms for reporting illegal content on Facebook and Instagram are neither easily accessible nor efficient, requiring additional steps and imposing unnecessary burdens on users.
Furthermore, Meta appears to employ “dark patterns” – interfaces that may confuse or discourage users from reporting illegal content, including child sexual abuse or terrorist material.
The Commission also identified deficiencies in Meta’s appeal mechanisms provided to users. At present, these mechanisms do not allow users to provide explanations or submit additional evidence to support the content moderation appeals.
These findings stem from an in-depth investigation conducted in cooperation with Coimisiún na Meán, Ireland’s Digital Services Coordinator, and aim to improve the uniform application of the DSA across the EU.
Next steps
Commission findings are preliminary and do not prejudge the outcome of the investigation. TikTok, Facebook and Instagram have the opportunity to submit written observations and take corrective measures to address breaches. In parallel, the European Board for Digital Services will be consulted to develop a common position on the matter.
If the breaches are confirmed, the Commission may adopt a non-compliance decision, which could lead to fines up to 6% of the provider’s total worldwide annual turnover, as well as daily penalty payments until compliance.
New measures for transparency
The Commission also announced that, starting 29 October 2025, the Delegated Act on data access will enter into force, granting vetted researchers access to public as well as non-public data from very large online search platforms and engines. This measure aims to enhance the transparency and accountability of online platforms, and to enable faster identification of systemic risks.
Context
The current investigations are part of the formal proceedings launched by the European Commission against Meta and TikTok under the DSA. They are distinct from other ongoing EU investigations on consumer protection, online advertising or the protection of minors.
ANCOM, as Romania’s Digital Services Coordinator, monitors the progress of these procedures, informs providers and the public about obligations under the DSA and cooperates with the European Commission and other Digital Services Coordinators in the Member States to ensure consistent and effective application of the DSA.
