Commission makes preliminary finding that TikTok’s “addictive design” breaches the DSA

On 6 February 2026, the European Commission issued preliminary findings that TikTok has breached the Digital Services Act (“DSA”) due to what it terms the platform’s “addictive design.” The announcement marks the latest in a series of enforcement steps by the Commission under the DSA and arrives amid growing regulatory concern around the impact of persuasive design techniques on users.

A design that keeps users scrolling

According to the Commission, TikTok’s features, including infinite scroll, autoplay, push notifications and its highly personalised recommender system, may foster compulsive use by continually “rewarding” users with fresh content and shifting their brains into “autopilot mode.” Scientific research referred to by the Commission suggests that such mechanisms can reduce self‑control and contribute to compulsive behaviour. 

The Commission concluded that TikTok did not adequately assess how these addictive features could harm the physical and mental wellbeing of its users, including minors and vulnerable adults. TikTok was also found to have disregarded important indicators of compulsive use, such as the amount of time minors spend on the platform at night and the frequency with which users open the app. 

Risk mitigation measures found to fall short

While TikTok does offer screen‑time limits and parental controls, the Commission found that these tools may not be effective. Screen‑time management tools were found to be “easy to dismiss”, and parental controls were noted as requiring additional time and skills from parents. 

At this stage, the Commission considers that TikTok will need to change the basic design of its service. Potential measures include disabling or limiting addictive features over time, enforcing effective screen‑time breaks (including at night), and adapting its recommender system.

Broader context: ongoing investigations into TikTok’s DSA compliance

The Commission's preliminary findings are part of its broader formal proceedings to investigate TikTok's DSA compliance, opened on 19 February 2024. As well as addictive design, this investigation covers what the Commission has referred to as the ‘rabbit hole effect' of TikTok's recommender systems, the risk of minors having an age-inappropriate experience due to misrepresenting their age, and the obligation to ensure a high level of privacy, safety and security for minors.

The investigation also included access to public data for researchers, for which preliminary findings were adopted in October 2025 (see our blog here), and advertising transparency, which was closed through binding commitments in December 2025 (as mentioned in our blog here).

Next steps and potential sanctions

These findings remain preliminary and do not prejudge the final outcome. TikTok now has the right to review the investigation file and respond in writing. In parallel, the European Board for Digital Services will be consulted. A spokesperson for TikTok has reportedly stated that the Commission’s findings are meritless and that TikTok will challenge them through every means available. 

If the Commission ultimately concludes that TikTok is non‑compliant with the DSA, the platform could face a fine of up to 6% of its global annual turnover.

What are the implications of these findings for DSA enforcement generally?

In many ways, this is the most significant Commission finding in digital markets in recent years.  In challenging the very design of TikTok’s user experience, it poses fundamental questions for DSA enforcement generally. How can platforms comply with the DSA while pursuing their legitimate commercial objectives of attracting and engaging users? Is it legitimate for the Commission to force a platform to redesign itself, where the first effect could be a worse-performing platform for key stakeholders (including advertisers and content creators)? What does the Commission need to prove to do that? 

In short, can it be right that complying with the DSA requires platforms to dissuade users from engaging with them?   

We will unpack these issues in an upcoming briefing.