Meta and TikTok could be in breach of the EU’s tech regulations and face a penalty of up to 6% of their global annual turnover.

The European Commission (EC) has preliminarily found that Facebook, Instagram and TikTok failed to be transparent and allow researchers adequate access to public data, under the Digital Services Act (DSA).

The bloc said the platforms “may have put in place burdensome procedures and tools”, resulting in unreliable data and impacting the ability to conduct research such as minors being exposed to illegal or harmful content.

Under the DSA, large online platforms – those with more than 45 million users per month – must grant accredited researchers access to public data in order to monitor the content posted on it.

The EC also found Meta – for both Facebook and Instagram – to be in breach of its obligations to provide users with simple mechanisms to notify illegal content and effectively challenge content moderation decisions.

Henna Virkkunen, executive vice-president for tech sovereignty, security and democracy, said: “Our democracies depend on trust. That means platforms must empower users, respect their rights, and open their systems to scrutiny.

“The DSA makes this a duty, not a choice. With today’s actions, we have now issued preliminary findings on researchers’ access to data to four platforms. We are making sure platforms are accountable for their services, as ensured by EU law, towards users and society.”

The findings come as the commission wraps up its investigations into big tech companies under the the DSA, which aims to combat the spread of illegal content and products online.

This investigation may have some relevance for the betting and gambling sectors, with Meta in particular having upped its game this year to ensure content on its platforms does not violate the specific gambling laws of the various countries it is active in.

Regarding the EC’s more recent conclusions around tech regulations, Meta and TikTok now have the opportunity to view and reply to the commission’s findings in writing.

The EC will consult with the European Board for Digital Services and if the findings are confirmed, the commission may issue a non-compliance decision. This can trigger a fine of up to 6% of each tech giant’s total global annual turnover.