On February 6, 2026, the Commission issued a landmark preliminary finding: TikTok breached the DSA through its addictive design . Specifically, the Commission found that TikTok failed to adequately assess how features like infinite scroll, autoplay, push notifications, and its personalised recommender system could harm users' physical and mental wellbeing, including minors and vulnerable adults
. The Commission concluded that TikTok must "change the basic design of its service" to comply
.
The Commission opened formal proceedings against Meta in May 2024, investigating whether Facebook and Instagram breach the DSA in areas linked to the protection of minors . A central concern is whether these platforms' algorithms and systems "may stimulate behavioural addictions in children"
.
Beyond the addictive design investigation, the Commission issued a separate preliminary finding on April 29, 2026, that Meta was in breach of the DSA for failing to prevent children under 13 from accessing Facebook and Instagram . The Commission found Meta's age-verification measures were ineffective, as children could easily bypass restrictions by entering a false birthdate
.
In June 2026, Bloomberg reported that the Commission is preparing to escalate the Meta probe further, issuing preliminary findings that specifically accuse Meta of using "exploitative design techniques to keep young users hooked" . This would bring the Meta investigation explicitly in line with the TikTok precedent.
If the Commission definitively establishes a DSA breach, it can impose fines of up to 6% of the provider's global annual turnover . Fines are determined by the nature, gravity, recurrence, and duration of the infringement
.
For Meta, which reported approximately $164 billion in total revenue in 2024, a maximum DSA fine would be in the range of $9.8 billion . Other estimates, based on 2025 income, suggest a maximum fine of up to €12 billion (approximately $13 billion)
. For TikTok's parent company ByteDance, a similar 6% ceiling applies
.
The DSA enforcement is not the only regulatory front. EU Commission President Ursula von der Leyen announced in May 2026 that the EU is working on a new Digital Fairness Act (DFA) that would specifically target "addictive and harmful design practices" on digital platforms . The DFA would ban manipulative practices, addictive features, and misleading influencer marketing
.
Meta also faces ongoing scrutiny over its "pay or consent" model from the EU Consumer Protection Cooperation Network . In 2025, Meta was fined €200 million under the Digital Markets Act (DMA) for this model
, and it has since committed to offering EU users a choice of less personalised advertising
.
The EU's approach is establishing a regulatory baseline for platform architecture that could influence policy globally. The TikTok preliminary findings serve as a template—by directly targeting features like infinite scroll as a systemic risk, the Commission is signaling that platform design itself is subject to regulation.
Both Meta and TikTok have the right to respond to the preliminary findings and exercise their rights of defence before any final non-compliance decision . The outcomes of these cases will define the boundaries of acceptable platform design for millions of users across Europe.