TikTok's attempt to prevent the EU from designating it as a “gatekeeper” – companies whose platforms are powerful enough to have to follow the Digital Markets Act's (DMA) strict antitrust rules – has been rejected by a court. Bloomberg reports that the EU General Court rejected owner ByteDance's request for an interim measure that would effectively give TikTok a little more time to implement the regulations, ruling that the company “has not demonstrated the urgency” required .
Although TikTok is appealing the EU's guardian designation, the bloc has still not made a final decision on the appeal. ByteDance requested an interim measure in December so as not to have to comply with the regulations before the EU decides the outcome of the appeal. Today's ruling constitutes a rejection of that request, meaning TikTok will have to at least temporarily comply with the DMA rules that take effect in March, even if the EU later decides to approve the appeal.
“ByteDance has not demonstrated that there is a real risk of disclosure of confidential information or that such a risk would result in serious and irreparable harm,” the judges said.
TikTok's status as a gatekeeper means the platform will join other big tech companies like Apple, Meta, Amazon and Google in making a series of changes for EU users, including allowing third-party companies access to their services and requiring consent for personalized advertising. This also means millions of euros in fines for TikTok and all other monitoring companies, if they ever break the DMA rules. (For a full account of the ongoing battle between Big Tech and the EU over the DMA, see our StoryStream.)
“While we are disappointed with the decision, we look forward to having the merits of our case heard as soon as possible,” a TikTok spokesperson said. Bloomberg.
TikTok received more bad news from Europe on Friday in the form of a separate EU investigation into its content moderation rules for minors, Bloomberg also reports. The investigation, which will be carried out under the new EU Digital Services Act (DSA), arose out of concerns that the changes TikTok made to comply with the DSA were not enough to protect underage users, said a source close to the investigation. media.
Last year, TikTok made a series of changes for its EU users directly in response to the DSA, including no longer shows personalized ads depending on their activities on the platform to minors.