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On 6 February 2026, the European Commission preliminarily found that TikTok breached the Digital Services Act (DSA) over how it assessed and addressed risks linked to the platform’s design. This is not a final ruling: TikTok can defend itself, and the Commission has not announced a penalty. The case focuses on infinite scroll, autoplay, push notifications and a highly personalised recommendation system.
What did the European Commission find?
The Commission’s preliminary view is that TikTok did not adequately assess and mitigate the systemic risks those design features could pose to users’ physical and mental wellbeing, including minors and vulnerable adults. In its 6 February 2026 announcement, it wrote: “The European Commission preliminarily found TikTok in breach of the Digital Services Act for its addictive design.” The word preliminarily matters: the Commission has not made a final infringement decision.
Features named in the case
- Infinite scroll lets users continue through content without reaching a natural stopping point.
- Autoplay starts the next video without requiring the user to choose it.
- Push notifications can prompt users to return to the app.
- A highly personalised recommender system selects content for each user.
The Commission’s account describes a possible pattern: a stream of new content repeatedly rewards users, encourages continued scrolling and may move use into “autopilot mode.” It says scientific research it reviewed indicates that this could contribute to compulsive behaviour and reduced self-control. These are the Commission’s risk claims, not a clinical diagnosis of TikTok users.
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The legal question is whether TikTok met the DSA’s duties to assess and mitigate systemic risks, including risks to people’s rights and physical and mental wellbeing. The Commission is applying those duties to risks it attributes to platform design. The law does not establish a separate offence expressly called “addictive design,” as the European Parliamentary Research Service briefing notes.
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The Commission opened formal proceedings against TikTok on 19 February 2024. Those proceedings also covered other matters, including protection of minors, advertising transparency, researcher access to data and harmful content. The addictive-design finding is one strand of that wider case, not a ruling on every issue under investigation. The Commission’s announcement opening the proceedings sets out the original scope.
Is the finding final?
No. A preliminary finding is an intermediate procedural stage. TikTok has the right to defend itself before the Commission decides what to do next. The Commission’s 2026 staff working document describes that process. The public announcement does not provide a complete inventory of the underlying evidence; the Commission says its assessment considered TikTok’s risk-assessment reports, internal data and documents, replies to information requests, scientific research and interviews with experts from several fields, including behavioural addiction.
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Could TikTok be fined?
Only if the Commission ultimately confirms its view and issues a non-compliance decision could it impose a fine. Under the DSA, the maximum is 6% of the provider’s total worldwide annual turnover. That is a legal cap, not a forecast of the penalty and not a fine already imposed. The Commission says any fine would be proportionate to factors including the nature, gravity, recurrence and duration of the infringement.
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Associated Press reported on 6 February 2026 that TikTok rejected the preliminary findings as “a categorically false and entirely meritless depiction” of its platform and said it would challenge them through available means. That is the company’s stated position; it does not settle the legal question. AP’s report covers the response and the Commission’s announcement.
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