TikTok and Transparency Obligations in the EU Digital Services Act (DSA) – A Scoping Review

Abstract

The Digital Services Act (DSA) entered into force in November 2022 and is directly applicable across the European Union since the beginning of 2024.1 The DSA imposes special rules on very large online platforms (VLOPs) such as TikTok. This study examines the transparency obligations for VLOPs set forth in various articles of the DSA. A scoping review identified three key issues related to TikTok’s adherence to transparency: content moderation, advertisement and terms and conditions. A comparative analysis was conducted between these identified issues and the specific obligations outlined in the DSA. The main finding of this study reveals distinct dimensions of transparency that have been addressed in the existing literature. The first layer includes the disclosure of information, but the information disclosed is often incomprehensible to the public. Therefore, calls have intensified for transparency at the second layer that includes comprehensibility of the disclosed information. The forthcoming DSA is expected to address this second dimension of transparency by requiring TikTok to provide more precise information regarding their content moderation, advertising, and terms and conditions. Finally, the literature indicates the emergence of a third layer of transparency, wherein information made public should also be tailored to the kind of audience it is made transparent to. In terms of ensuring the clarity and comprehensibility of the conditions and restrictions of the platform for children, the DSA also appears to advocate for enhanced transparency at level 3.