ENFORCEMENT OF THE DMA/DSA: EU VS. TECH GIANTS
Mathieu Gitton
Former Director of representative office in Brussel with expertise in corporate strategy and lobbying
As the European Union ramps up its regulatory efforts through the Digital Markets Act (DMA) and the Digital Services Act (DSA), a new clash is brewing between the Commission and major digital platforms. The latest developments center on the preparation of a Code of Conduct against Disinformation, expected to be integrated into the DSA by July 2025. Several major players (Google, YouTube, LinkedIn) have signaled they will no longer honor their commitments to fact-checking obligations. Meanwhile, Chinese platform TikTok has expressed conditional willingness to comply, provided its competitors do the same. Additionally, Meta faces renewed criticism from the European Consumer Organisation (BEUC), accused of violating EU laws with its controversial “pay or consent” policy.
1. Code of Conduct Against Disinformation: Platforms Pulling Out
The Code of Conduct against Disinformation, comprising 128 measures, is currently voluntary and serves as a strategic tool for the Commission to combat misinformation and restore citizen trust in online information. Recent developments include:
Some Members of the European Parliament are pushing for certain provisions to become mandatory rather than remaining within the voluntary framework. This move underscores the growing frustration over the platforms' reluctance to uphold their commitments.
2. Diverging Approaches from TikTok and Meta
While many platforms are stepping back, TikTok has adopted a more conciliatory stance. The Chinese platform has stated that it is “willing to commit” to fact-checking obligations, provided other signatories do the same. Critics, however, view this as a strategic ploy to pressure Western competitors and position TikTok as a compliant actor within the EU regulatory landscape.
On the other hand, Meta has maintained a defensive position. While continuing to “evaluate” the applicability of fact-checking measures to Facebook and Instagram, the company hints at potential future changes. Simultaneously, Meta faces a new complaint from BEUC over its controversial “pay or consent” policy introduced in 2023.
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3. Meta Faces New Legal Action Over Non-Compliance
According to a recent BEUC statement, Meta's “pay or consent” model violates the DMA, the Consumer Protection Regulation, and the General Data Protection Regulation (GDPR). This model forces Facebook and Instagram users to either pay to avoid behavioral advertising or consent to their data being exploited. BEUC argues that this approach distorts consumer choice, violates the principle of data minimization, and “degrades” service quality for those who opt out of targeted advertising. While investigations in 2023 prompted Meta to modify some elements, fundamental concerns—such as data privacy and fairness in contractual relationships—persist.
Conclusion
The EU’s regulatory momentum under the DMA and DSA is facing significant pushback from major platforms, which cite the complexity and impracticality of obligations such as those outlined in the Code of Conduct against Disinformation. As Google, YouTube, and LinkedIn withdraw from fact-checking commitments, TikTok positions itself as a more compliant player, and Meta faces renewed legal scrutiny over its controversial “pay or consent” model.
The future of the Code of Conduct and its integration into the DSA will depend on the Commission’s ability to enforce rules effectively and introduce mandatory measures if needed. The controversy surrounding Meta’s practices highlights the ongoing challenges of balancing consumer rights, data protection, and the monetization models of dominant platforms. Striking this balance will remain a central challenge for the EU in ensuring a fair and secure digital environment.
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