TikTok is facing a fresh round of regulatory complaints in Europe where consumer protection groups have filed a series of coordinated complaints alleging multiple breaches of EU law.
The European Consumer Organisation (BEUC) has lodged a complaint against the video sharing site with the European Commission and the bloc’s network of consumer protection authorities, while consumer organisations in 15 countries have alerted their national authorities and urged them to investigate the social media giant’s conduct, BEUC said today.
The complaints include claims of unfair terms, including in relation to copyright and TikTok’s virtual currency; concerns around the type of content children are being exposed to on the platform; and accusations of misleading data processing and privacy practices.
Details of the alleged breaches are set out in two reports associated with the complaints: One covering issues with TikTok’s approach to consumer protection, and another focused on data protection and privacy.
On child safety, the report accuses TikTok of failing to protect children and teenagers from hidden advertising and “potentially harmful” content on its platform.
“TikTok’s marketing offers to companies who want to advertise on the app contributes to the proliferation of hidden marketing. Users are for instance triggered to participate in branded hashtag challenges where they are encouraged to create content of specific products. As popular influencers are often the starting point of such challenges the commercial intent is usually masked for users. TikTok is also potentially failing to conduct due diligence when it comes to protecting children from inappropriate content such as videos showing suggestive content which are just a few scrolls away,” the BEUC writes in a press release.
TikTok has already faced a regulatory intervention in Italy this year in response to child safety concerns — in that instance after the death of a ten year old girl in the country. Local media had reported that the child died of asphyxiation after participating in a ‘black out’ challenge on TikTok — triggering the emergency intervention by the DPA.
Soon afterwards TikTok agreed to reissue an age gate to verify the age of every user in Italy, although the check merely asks the user to input a date to confirm their age so seems trivially easy to circumvent.
In the BEUC’s report, the consumer rights group draws attention to TikTok’s flimsy age gate, writing that: “In practice, it is very easy for underage users to register on the platform as the age verification process is very loose and only self-declaratory.”
From the report:
In France, 45% of children below 13 have indicated using the app. In the United Kingdom, a 2020 study from the Office for Telecommunications (OFCOM) revealed that 50% of children between eight and 15 upload videos on TikTok at least weekly. In Czech Republic, a 2019 study found out that TikTok is very popular among children aged 11-12. In Norway, a news article reported that 32% of children aged 10-11 used TikTok in 2019. In the United States, The New York Times revealed that more than one-third of daily TikTok users are 14 or younger, and many videos seem to come from children who are below 13. The fact that many underage users are active on the platform does not come as a surprise as recent studies have shown that, on average, a majority of children owns mobile phones earlier and earlier (for example, by the age of seven in the UK).
A recent EU-backed study also found that age checks on popular social media platforms are “basically ineffective” as they can be circumvented by children of all ages simply by lying about their age.
A virtual currency feature it offers is also highlighted as problematic in consumer rights terms.
TikTok lets users purchase digital coins which they can use to buy virtual gifts for other users (which can in turn be converted by the user back to fiat). But BEUC says its ‘Virtual Item Policy’ contains “unfair terms and misleading practices” — pointing to how it claims an “absolute right” to modify the exchange rate between the coins and the gifts, thereby “potentially skewing the financial transaction in its own favour”.
While TikTok displays the price to buy packs of its virtual coins there is no clarity over the process it applies for the conversion of these gifts into in-app diamonds (which the gift-receiving user can choose to redeem for actual money, remitted to them via PayPal or another third party payment processing tool).
“The amount of the final monetary compensation that is ultimately earned by the content provider remains obscure,” BEUC writes in the report, adding: “According to TikTok, the compensation is calculated ‘based on various factors including the number of diamonds that the user has accrued’… TikTok does not indicate how much the app retains when content providers decide to convert their diamonds into cash.”
“Playful at a first glance, TikTok’s Virtual Item Policy is highly problematic from the point of view of consumer rights,” it adds.
On data protection and privacy, the social media platform is also accused of a whole litany of “misleading” practices — including (again) in relation to children. Here the complaint accuses TikTok of failing to clearly inform users about what personal data is collected, for what purpose, and for what legal reason — as is required under Europe’s General Data Protection Regulation (GDPR).
Other issues flagged in the report include the lack of any opt-out from personal data being processed for advertising (aka ‘forced consent’ — something tech giants like Facebook and Google have also been accused); the lack of explicit consent for processing sensitive personal data (which has special protections under GDPR); and an absence of security and data protection by design, among other issues.
We’ve reached out to the Irish Data Protection Commission (DPC), which is TikTok’s lead supervisor for data protection issues in the EU, about the complaint and will update this report with any response.
France’s data watchdog, the CNIL, already opened an investigation into TikTok last year — prior to the company shifting its regional legal base to Ireland (meaning data protection complaints must now be funnelled through the Irish DPC as a result of via the GDPR’s one-stop-shop mechanism — adding to the regulatory backlog).
Ausloos suggests such sudden massive shifts are a deliberate tactic to evade regulatory scrutiny of data-exploiting practices — as “constant flux” can have the effect of derailing and/or resetting research work being undertaken to build a case for enforcement — also pointing out that resource-strapped regulators may be reluctant to bring cases against companies ‘after the fact’ (i.e. if they’ve since changed a practice).
The upshot of breaches that iterate is that repeat violations of the law may never be enforced.
It’s also true that a frequent refrain of platforms at the point of being called out (or called up) on specific business practices is to claim they’ve since changed how they operate — seeking to use that a defence to limit the impact of regulatory enforcement or indeed a legal ruling. (Aka: ‘Move fast and break regulatory accountability’.)
Nonetheless, Ausloos says the complainants’ hope now is that the two years of documentation undertaken on the TikTok case will help DPAs build cases.
Commenting on the complaints in a statement, Monique Goyens, DG of BEUC, said: “In just a few years, TikTok has become one of the most popular social media apps with millions of users across Europe. But TikTok is letting its users down by breaching their rights on a massive scale. We have discovered a whole series of consumer rights infringements and therefore filed a complaint against TikTok.
“Children love TikTok but the company fails to keep them protected. We do not want our youngest ones to be exposed to pervasive hidden advertising and unknowingly turned into billboards when they are just trying to have fun.
“Together with our members — consumer groups from across Europe — we urge authorities to take swift action. They must act now to make sure TikTok is a place where consumers, especially children, can enjoy themselves without being deprived of their rights.”
Reached for comment on the complaints, a TikTok spokesperson told us:
Update: A Commission spokesperson confirmed it has received BEUC’s alert.
“Consumer rights have to be equally well protected — online and offline. The Commission reaffirmed this also with its New Consumer Agenda, presented at the end of last year,” the spokesperson said, adding: “The European Commission will carefully consider all the elements brought forward by BEUC together with the national consumer authorities in the coming weeks to assess the need for further investigation into the matter.”
Google December Product Reviews Update Affects More Than English Language Sites? via @sejournal, @martinibuster
Google’s Product Reviews update was announced to be rolling out to the English language. No mention was made as to if or when it would roll out to other languages. Mueller answered a question as to whether it is rolling out to other languages.
Google December 2021 Product Reviews Update
On December 1, 2021, Google announced on Twitter that a Product Review update would be rolling out that would focus on English language web pages.
Our December 2021 product reviews update is now rolling out for English-language pages. It will take about three weeks to complete. We have also extended our advice for product review creators: https://t.co/N4rjJWoaqE
— Google Search Central (@googlesearchc) December 1, 2021
The focus of the update was for improving the quality of reviews shown in Google search, specifically targeting review sites.
A Googler tweeted a description of the kinds of sites that would be targeted for demotion in the search rankings:
“Mainly relevant to sites that post articles reviewing products.
Think of sites like “best TVs under $200″.com.
Goal is to improve the quality and usefulness of reviews we show users.”
Continue Reading Below
Google also published a blog post with more guidance on the product review update that introduced two new best practices that Google’s algorithm would be looking for.
The first best practice was a requirement of evidence that a product was actually handled and reviewed.
The second best practice was to provide links to more than one place that a user could purchase the product.
The Twitter announcement stated that it was rolling out to English language websites. The blog post did not mention what languages it was rolling out to nor did the blog post specify that the product review update was limited to the English language.
Google’s Mueller Thinking About Product Reviews Update
Product Review Update Targets More Languages?
The person asking the question was rightly under the impression that the product review update only affected English language search results.
Continue Reading Below
But he asserted that he was seeing search volatility in the German language that appears to be related to Google’s December 2021 Product Review Update.
This is his question:
“I was seeing some movements in German search as well.
So I was wondering if there could also be an effect on websites in other languages by this product reviews update… because we had lots of movement and volatility in the last weeks.
…My question is, is it possible that the product reviews update affects other sites as well?”
John Mueller answered:
“I don’t know… like other languages?
My assumption was this was global and and across all languages.
But I don’t know what we announced in the blog post specifically.
But usually we try to push the engineering team to make a decision on that so that we can document it properly in the blog post.
I don’t know if that happened with the product reviews update. I don’t recall the complete blog post.
But it’s… from my point of view it seems like something that we could be doing in multiple languages and wouldn’t be tied to English.
And even if it were English initially, it feels like something that is relevant across the board, and we should try to find ways to roll that out to other languages over time as well.
So I’m not particularly surprised that you see changes in Germany.
But I also don’t know what we actually announced with regards to the locations and languages that are involved.”
Does Product Reviews Update Affect More Languages?
While the tweeted announcement specified that the product reviews update was limited to the English language the official blog post did not mention any such limitations.
Google’s John Mueller offered his opinion that the product reviews update is something that Google could do in multiple languages.
One must wonder if the tweet was meant to communicate that the update was rolling out first in English and subsequently to other languages.
It’s unclear if the product reviews update was rolled out globally to more languages. Hopefully Google will clarify this soon.
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