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TikTok preliminarily found in breach of the DSA over lack of private default account settings
5Rights welcomes the European Commission’s preliminary findings against TikTok over its handling of minors’ accounts settings under the Digital Services Act.
Today, the European Commission sent TikTok preliminary findings about the settings of minors’ accounts on the platform. Currently, children can choose to set their account to public, meaning that any user may be able to view content posted by minors.
5Rights welcomes the EU’s advancements in its investigation on TikTok. The European Commission’s latest preliminary findings under the Digital Services Act (DSA) mark another critical milestone in holding platforms accountable for how they treat children and how they ignore EU rules. By calling out TikTok’s public-by-default account settings for minors, discoverability loopholes, and the promotion of young user’s content in the ‘For You’ feed, the Commission is making clear that safety, privacy and security for minors must be built in by default, not as an optional add-on.
This isn’t the first time that TikTok’s design choices have come under scrutiny. This enforcement action directly builds on a larger investigation and earlier preliminary findings regarding TikTok’s persuasive and addictive design, an issue 5Rights has longed monitored. Our latest study reveals in real time how addictive features such as infinite scroll, autoplay and algorithmic recommendations shape children’s attention, behaviour, sleep, and wellbeing.
For years, 5Rights has pushed for children’s accounts to be private by default as a baseline requirement rooted in the best interests of the child. Our report marking the coming into force of the DSA in 2024 called for a high level of safety, privacy and security by default for children, including private-by-default accounts.
Our advocacy work helped enshrine this principle in the Guidelines on the protection of minors. They recommend that minors’ accounts must be set to private by default, so their personal information, data, and content is hidden from those that aren’t connected with them, reducing the risk of unsolicited contact from strangers.
Today’s preliminary findings are a reminder that platforms cannot continue to ignore the Guidelines. By pursuing its investigation into TikTok, the European Commission is showing that they are a key enforcement instrument that platforms must respect to comply with EU rules. Platforms must now change their design and privacy setting to be compliant with the law and stop putting children at risk of being contacted by unknown adults, groomed, and exploited on their services.
Manon Letouche, Head of EU Affairs at 5Rights Foundation said,
“Laws don’t protect children, enforcement does. Today’s preliminary findings show the determination of the European Commission on enforcing the Digital Services Act.
“Every child in Europe deserves a high level of protection, backed by consistent enforcement and a harmonised approach that makes platforms safe by design, wherever children log on.”
Yet enforcement alone won’t be enough. Services likely to be accessed by children should be safe and age-appropriate by design before they ever reach a child, not retrofitted once the damage is done. Achieving this will require stronger upfront safeguards, including pre-certification for products and services likely to be used by children.
