The European Commission has preliminarily found that TikTok’s service design may breach the Digital Services Act, or DSA, because features intended to sustain engagement can expose users to harmful patterns of use. The finding puts TikTok’s infinite scroll, autoplay, push notifications and highly personalized recommendation system under direct regulatory scrutiny. For businesses that depend on TikTok for reach, advertising or creator partnerships, any eventual remedy could change how content is distributed and how audiences interact with the platform.
The Commission announced the preliminary conclusion on February 6, 2026, following an in-depth assessment of TikTok’s risk reports, internal data and documents, replies to information requests, scientific literature and expert consultations. Its official preliminary findings state that TikTok may not have properly assessed or effectively mitigated risks to users’ physical and mental wellbeing, including risks to minors.
This is not a final non-compliance decision. TikTok can respond in writing, and the European Board for Digital Services will be consulted. But the case is a significant test of how the EU may apply the DSA to the design of recommendation-driven platforms, rather than only to individual pieces of content.
What the Commission found
The Commission’s concern is not that any one feature operates in isolation. Its preliminary assessment focuses on the combined effect of TikTok’s engagement design. Infinite scroll can remove natural stopping points, autoplay keeps videos playing, notifications can draw people back to the app, and personalized recommendations can continue serving closely related material.
According to the Commission, those elements can contribute to so-called rabbit holes, where users are shown an ongoing stream of personalized videos, including content connected to mental health struggles or body image. The preliminary finding says TikTok did not adequately assess the related risks and did not put effective mitigations in place.
The Commission specifically cites existing measures such as screen-time management tools and parental controls. Its view is that these tools can be too easy to dismiss or insufficient to meaningfully reduce the risks identified. That distinction matters: providing a setting is not necessarily enough if its design does not substantially alter the user experience or reduce exposure to harm.
| Design area | Commission’s preliminary concern | Potential change cited by the Commission |
|---|---|---|
| Infinite scroll | May contribute to compulsive, prolonged use by removing stopping points | Disable or limit infinite scroll over time |
| Screen-time controls | Existing tools may be easy to dismiss or ineffective at reducing risk | Introduce stronger screen-time breaks, including at night |
| Personalized recommendations | May lead users toward repeated streams of related potentially harmful content | Refine the recommender system |
The measures in the table are possibilities raised by the Commission, not confirmed product changes. The agency says TikTok may need to modify the service’s basic design if its preliminary position is ultimately upheld.
Why the DSA case matters
The DSA investigation into TikTok began on February 19, 2024. It covers broader issues beyond addictive design, including recommender-system rabbit holes, the protection of minors, researcher access to data and advertising transparency. The February 2026 announcement is a new preliminary conclusion specifically focused on the platform’s design and the adequacy of its risk mitigation.
If the Commission ultimately confirms its position, it could issue a non-compliance decision. The DSA allows penalties of up to 6% of worldwide total annual turnover. The current finding does not determine that outcome, but it gives TikTok a formal opportunity to address the Commission’s case before a final decision.
What businesses using TikTok should watch
The preliminary finding is directed at TikTok, not at businesses that advertise or publish content on the platform. It does not create a stated new DSA compliance obligation for ordinary marketers in the Commission’s announcement. Still, platform-level changes can have practical effects for teams that rely on extended watch sessions and algorithmic distribution.
Businesses should avoid treating engagement mechanics as fixed. If TikTok limits endless feeds, strengthens breaks or adjusts recommendations, content may be encountered in a different viewing context. That makes useful, clearly framed creative work more important than tactics designed solely to prolong attention.
Practical steps worth considering include:
- Review whether current creative relies heavily on repeated exposure, rapid hooks or persistent calls to keep watching.
- Track changes to TikTok’s content-distribution, advertising and brand-safety guidance as the case progresses.
- Diversify owned audiences and campaign measurement so performance is not dependent on a single recommendation feed.
- Keep messaging especially careful where content could intersect with sensitive themes such as body image or mental wellbeing.
For managers, the immediate lesson is not to predict a specific redesign. It is to build marketing plans that can adapt if major platforms alter features that previously supported high-frequency engagement. The Commission’s preliminary view also reinforces that recommendation systems and interface choices can become regulatory issues when their effects on users are central to a platform’s business model.
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Frequently Asked Questions
What did the European Commission preliminarily find about TikTok?
The Commission preliminarily found that TikTok’s design may breach the DSA because features such as infinite scroll, autoplay, notifications and personalized recommendations may contribute to harmful, addictive patterns of use.
Is TikTok already guilty of breaching the Digital Services Act?
No. The finding is preliminary. TikTok can respond in writing, the European Board for Digital Services will be consulted, and the Commission has not yet issued a final non-compliance decision.
Could TikTok have to remove infinite scroll?
The Commission says TikTok may need to alter its basic design and cites disabling or limiting infinite scroll over time as a potential measure. It has not announced that such a change will definitely occur.
What does the case mean for TikTok marketers and advertisers?
The case is aimed at TikTok’s platform design, not ordinary marketers. However, eventual changes to feeds, screen-time breaks or recommendations could affect content distribution and user engagement, so businesses should monitor platform updates and avoid depending on a single channel.
Conclusion
The Commission’s preliminary DSA finding places TikTok’s engagement design, not only its content policies, at the center of EU enforcement. TikTok has not received a final decision, but the case could lead to meaningful changes in how the platform structures viewing and recommendations. Businesses using TikTok should follow the outcome closely and keep their marketing strategy resilient to shifts in platform distribution.
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