At the same time that in Spain the President of the Government, Pedro Sánchez, announced last week a package of legislative measures to reinforce security in the digital environment – among them prohibiting access to social networks for minors under 16 years of age – the European Commission (EC) took a new step in its fight with TikTok by signaling its “addictive design” as a possible infringement of community regulations.
The EC has preliminarily concluded that the Chinese social network violates the Digital Services Law for a “addictive design” which, according to Brussels, puts the mental well-being of its users at risk, especially minors and young people.
The investigation, opened in February 2024, points to structural elements of the platform such as infinite scroll, automatic playback, push notifications and a highly personalized recommendation system as factors that encourage compulsive content consumption. If TikTok does not make changes, the company could face a fine of up to 6% of its global annual turnover.
The research goes beyond minors because it also affects vulnerable adults
The Commission emphasizes that this is a technical evaluation of regulatory compliance, beyond the ideological or political debate. Although the warning comes in the context of discussion about the minimum age to access social networks – after the Spanish proposal to raise it to 16 years -, community sources insist that the investigation goes beyond minors because it also affects vulnerable adults.
Design, algorithm and mental health
According to the preliminary document, TikTok would not have adequately evaluated the impact of its design on users’ mental health. Brussels considers it especially problematic that the platform “reward” constantly reach new users with highly relevant content, encouraging prolonged consumption and reducing self-control.
The Commission also points to the lack of attention to key indicators of compulsive use, such as the time of night use among adolescents or the frequency of opening the application. Studies cited by regulators warn that these types of dynamics can activate automatic and compulsive behaviors, with negative effects on psychological well-being.
TikTok’s response
TikTok’s reaction has been immediate. In an official statement, the company has rejected “categorically” the conclusions of Brussels, describing them as “totally unfounded” and based on an erroneous description of their product. The platform has assured that it will appeal the conclusions and use all available legal avenues to challenge them.
Currently, TikTok has about 170 million users in the European Union, with especially high penetration among teenagers. Community data indicate that it is the social network most used after midnight by young people between 13 and 18 years old, and that 7% of users between 12 and 15 years old spend between four and five hours a day on the platform.
It is the social network most used after midnight by young people between 13 and 18 years old
For the Commission, this context reinforces the need for intervention. “The DSA holds platforms responsible for the effects that their design may have on users”said Henna Virkkunen, Executive Vice President of the Commission for Technological Sovereignty, underlining that the protection of minors is a regulatory priority.
To date, the Commission has only imposed one fine under the Digital Services Act: €120 million on X, for misleading practices and lack of transparency last year. The case of TikTok, however, raises the debate to a more structural dimension, since it is not only about the content, but also concerns the product design itself and the incentives that it generates.
The outcome of this investigation will mark a key precedent for the digital industry. If Brussels confirms its conclusions, it will not only affect TikTok, but will reinforce regulatory pressure on the design of social platforms in Europe.
