Society, Democracy & CultureMarch 24, 20268 min

Europe’s Digital Shield Rises: How the DSA Is Moving from Words to Action Against TikTok and Shein

Partager
Europe’s Digital Shield Rises: How the DSA Is Moving from Words to Action Against TikTok and Shein

# Europe’s Digital Shield Rises: How the DSA Is Moving from Words to Action Against TikTok and Shein

In February 2026, the European Commission launched two formal proceedings that mark a turning point in the application of the Digital Services Act (DSA), the regulation aimed at making digital platforms more accountable. By targeting the e-commerce giant Shein and the social network TikTok, Brussels is no longer merely stating principles but is using its new investigative and sanctioning powers to impose a digital model centered on user protection. These actions, which directly target addiction mechanisms and the proliferation of illegal content, represent the first real test of Europe's ability to enforce its digital sovereignty against the commercial logic of tech giants, whether they are Chinese or American.

Addiction and Illegal Products: The Commission Takes Aim at Shein and TikTok’s Models

On February 17, 2026, the Commission officially opened an investigation into Shein, designated as a "Very Large Online Platform" (VLOP). The procedure focuses on serious alleged breaches of DSA obligations. Brussels is examining the systems Shein has in place to counter the sale of illegal products, a concern that has grown following the discovery of products such as sex dolls with the appearance of children on the platform. The investigation also covers the very design of the interface, suspected of creating consumer addiction through reward and point systems, as well as the lack of transparency in its recommendation algorithms. <a href='https://digital-strategy.ec.europa.eu/en/news/commission-launches-investigation-shein-under-digital-services-act' target='_blank' rel='noopener'>European Commission (February 17, 2026). Commission launches investigation into Shein under the Digital Services Act.</a>

A few days earlier, on February 6, 2026, it was TikTok that was the subject of preliminary findings from the European executive. The Commission found that the application's design violated the DSA due to its addictive nature. Features such as infinite scroll, autoplay videos, and an ultra-personalized recommendation system are being singled out. According to the preliminary findings, TikTok has not properly assessed the risks these mechanisms pose to the physical and mental well-being of users, especially minors, and the parental control or screen time management tools are deemed largely ineffective because they are too easy to bypass. <a href='https://digital-strategy.ec.europa.eu/en/news/commission-preliminarily-finds-tiktoks-addictive-design-breach-digital-services-act' target='_blank' rel='noopener'>European Commission (February 6, 2026). Commission preliminarily finds TikTok’s addictive design in breach of the Digital Services Act.</a>

The DSA, an Arsenal of Rights for 450 Million Digital Citizens

Beyond these landmark investigations, the DSA is above all a major step forward for the rights of European citizens in the digital environment. The regulation provides users with a set of concrete tools to regain control of their online experience. If a platform removes content, it must now provide a clear justification. In case of disagreement, the user can challenge the decision, either directly with the platform or through an out-of-court dispute resolution body, a faster and less expensive procedure than legal action.

The DSA also imposes simplified mechanisms for reporting illegal content, products, or services. The protection of minors is a central focus, with a total ban on targeted advertising towards them and an obligation for platforms to design their services to mitigate the risks of exposure to inappropriate content. Very large platforms, with more than 45 million monthly users in the EU, must offer an alternative to algorithmic news feeds, for example, a chronological display. Transparency is also strengthened regarding advertising, with the obligation to clearly identify ads and advertisers, and the prohibition of using sensitive data (sexual orientation, religion, etc.) for targeting. Finally, the regulation bans "dark patterns," those interfaces designed to deceive the user and push them into actions they would not have otherwise taken. <a href='https://digital-strategy.ec.europa.eu/en/policies/digital-services-act' target='_blank' rel='noopener'>European Commission (Page consulted on March 24, 2026). The Digital Services Act.</a>

Facing the European Regulator, Chinese Cooperation Contrasts with American Confrontation

The entry into force of the DSA reveals a notable strategic divergence between American and Chinese tech giants. While American companies, supported by a part of their political class, adopt a confrontational stance, their Chinese competitors are choosing the path of cooperation. Firms like X (formerly Twitter) and Meta have openly criticized the European regulation, presenting it as an obstacle to freedom of expression and a form of disguised protectionism. This resistance is rooted in the American tradition of "laissez-faire," embodied by Section 230 of the Communications Decency Act, which grants broad immunity to platforms regarding content published by third parties.

Conversely, Chinese players like TikTok, Shein, Temu, or AliExpress are more inclined to negotiate with Brussels. They agree to enter into compliance agreements and adapt their services to maintain their access to the valuable European market. This pragmatic approach is part of a broader geopolitical strategy by China, which seeks to position itself as a stable and cooperative partner on the global digital stage to expand its influence. For the European Commission, this willingness to dialogue is preferable to long and uncertain legal battles, as it allows for concrete and rapid changes for users. <a href='https://techpolicy.press/europes-tech-rules-are-driving-a-new-us-china-divide/' target='_blank' rel='noopener'>Scott, M. (December 8, 2025). Europe’s Tech Rules Are Driving a New US–China Divide. TechPolicy.Press.</a>

Media Protection, a Key Issue but Without a 24-Hour Deadline

Contrary to a common misconception, the DSA does not impose a strict 24-hour response time on platforms when a media outlet reports a problem. However, the regulation does introduce specific protections for journalistic content. Article 14 of the DSA requires platforms to give due consideration to freedom of expression and media freedom when applying restrictions based on their terms and conditions. Although there is no prior notification before moderation, platforms must integrate the special status of the media into their decision-making process.

Furthermore, Article 17 guarantees that any restriction (removal, demotion, etc.) must be accompanied by a detailed statement of reasons, allowing the media to understand and challenge the decision. Although a "media exemption" that would have imposed prior notification was not retained in the final version of the text, the debate nevertheless led to a strengthening of procedural guarantees. The Court of Justice of the European Union has also stressed that freedom of expression (Article 11 of the Charter of Fundamental Rights) must be interpreted in light of the case law of the European Court of Human Rights, which considers that "information is a perishable commodity." A removal, even temporary, can cause it to lose all its value. The DSA thus paves the way for fairer and more transparent moderation for the press, a crucial issue in the fight against disinformation. <a href='https://dsa-observatory.eu/2022/09/29/digital-services-act-implications-for-news-media-journalistic-content-part-1/' target='_blank' rel='noopener'>Buijs, D. (September 29, 2022). The Digital Services Act and the Implications for News Media and Journalistic Content (Part 1). DSA Observatory.</a>

Conclusion: Europe Imposes Its Third Digital Model

With the investigations into TikTok and Shein, the Digital Services Act has entered its active phase. It is no longer just a regulatory text, but an instrument of power that the European Commission is beginning to wield with firmness. By moving from principles to action, Europe is not just regulating its internal market; it is proposing a third way between the American model of "laissez-faire" and the Chinese model of state control. This model, centered on the fundamental rights of citizens and the accountability of dominant players, is already forcing global tech giants to adapt their strategies. The long-term success of this ambition will depend on the ability of the Commission and national coordinators to maintain constant pressure, to withstand the inevitable legal battles, and to make the European digital space a truly safer and fairer environment.

Partager

Daily newsletter

Receive the Journal's analyses directly in your inbox.