Legal Update: TikTok May Have Breached the Digital Services Act by Hiding Key Details About Ads and Targeting
The EU says TikTok’s ad repository hides key information about paid content and advertising, and may have breached transparency laws.
TikTok is under fire in Europe. The European Commission believes the platform’s ad transparency tools are failing, and possibly breaking the law. A preliminary finding says TikTok’s ad repository does not show who paid for ads, who they targeted, or what they promoted. If confirmed, the consequences could be huge.
TikTok in Trouble Over Ad Transparency: The EU Says Its Repository Fails the Test
On 15 May 2025, the European Commission notified TikTok that it might be in breach of the Digital Services Act. At the centre of the Commission’s complaint is TikTok’s advertising repository, or more specifically, what it fails to do.
According to the European Commission, TikTok's advertisement repository fails to meet the standards set out under the Digital Services Act. These standards are not optional; they form part of the core transparency obligations that apply to Very Large Online Platforms (VLOPs) operating in the EU. TikTok, given its size and reach, falls into that category.
The law requires platforms to maintain a public repository of all ads shown on their service. This repository should clearly state what the ad is promoting, who paid for it, and which user groups were targeted.
The goal is to allow independent researchers, civil society groups, journalists, and others to scrutinise online advertising practices. This kind of transparency is especially important during politically sensitive periods such as election campaigns, or when dealing with scams and misleading content that can harm consumers.
The Commission's preliminary view is that TikTok's current repository does not do the job. It does not give sufficient information about the content of ads, nor does it say who paid for them or how users were chosen to see them.
Even worse, the repository is reportedly difficult to search in any meaningful way. This makes it hard, or even impossible, for researchers and watchdogs to track patterns, detect harmful behaviour, or understand how users are being influenced through paid content.
According to the Commission, the repository is supposed to make it possible for the public, including researchers and civil society, to see:
what ads are being run
who paid for them
who they are targeting
This is more than just a technical shortcoming. Without access to this information, the public is left in the dark about their information and how it is being used by TikTok. It limits democratic oversight and weakens trust in online platforms.
The Commission is treating this as a serious failure to comply with the DSA’s requirements, which were specifically designed to improve transparency and accountability in digital advertising. TikTok now faces the prospect of penalties if these concerns are confirmed.
How We Got Here and What Happens Next?
This is not the beginning of TikTok’s regulatory challenges in the EU.
The current probe is part of a wider investigation launched in 2024, covering a range of issues under the DSA. These include:
how TikTok’s algorithm may contribute to addictive behaviour
whether the platform is doing enough to protect minors
how it handles researcher access to data
the effectiveness of its age assurance systems
A separate investigation, launched in December 2024, is also ongoing. That one focuses on TikTok’s handling of risks linked to elections and civic debate.
In both investigations, the Commission is treating TikTok as a “Very Large Online Platform”, or VLOP, under the DSA. This category brings scrutiny and stronger oversight, due to the scale and influence of platforms like TikTok, Meta, and YouTube.
Now that TikTok has received the preliminary findings, it has a chance to respond.
If the Commission’s view holds, it can issue a non-compliance decision. That can lead to:
a fine of up to 6% of TikTok’s total global turnover
ongoing supervision to check if the company has actually fixed the problems
periodic penalty payments to force compliance
These measures are designed to ensure that companies cannot delay indefinitely or offer half-hearted solutions.
The European Board for Digital Services will also be consulted during this process. This is part of the new governance setup under the DSA. The Board includes regulators from all EU member states, providing input and coordination on how the rules are applied across borders.
Not Just About TikTok
The DSA has brought a new level of regulatory ambition to how online platforms are managed in the EU. It requires VLOPs to identify and mitigate systemic risks, make ad targeting more transparent, give users more control, and provide access to data for independent researchers.
Several platforms are now facing scrutiny. The Commission has already opened proceedings against X (formerly Twitter), Meta, and others.
In this context, the TikTok case is not a one-off. It is part of a broader enforcement effort. The Commission is showing that it is prepared to use the powers given to it by the DSA, and that no platform is exempt from scrutiny.
One interesting development in the DSA's implementation is the whistleblower tool the Commission has set up. This channel allows employees or insiders to provide information confidentially.
It reflects the idea that real insight into platform behaviour sometimes requires internal perspectives. Transparency does not stop at published reports or dashboards. It also depends on what employees are willing, and able, to share, without fear of retaliation.
What Is an Ad Repository Meant To Do?
Under Article 39 of the DSA, platforms designated as VLOPs must maintain a publicly accessible advertising repository. This includes:
the content of the ad
who paid for it
the main targeting criteria used
the number of users reached
Repositories should be easy to search, download, and analyse. That is the point. They are meant to open a window into how ads operate behind the scenes.
This matters even more when ads are political, issue-based, or timed around elections. If the repository does not deliver that visibility, it weakens public oversight.
TikTok’s system, according to the Commission, is not delivering. The company is not providing adequate detail or search functionality. This prevents journalists, NGOs, and regulators from doing their jobs.
Platforms that show you ads should tell you who paid for them, what they are about, and why you’re seeing them. If that information is missing or hard to access, there is no way to tell if ads are promoting scams, targeting vulnerable users, or messing with political conversations. That’s a real problem, especially when it happens on apps used by millions every day.