EU: Provider of TikTok As Gatekeeper Under Digital Markets Act.
Abstract
This article examines a case involving TikTok and its designation as a gatekeeper under the Digital Markets Act. The provider of TikTok has failed to prove the urgency of suspending this designation to protect against harm. The article discusses the alleged breach of confidentiality and concludes that being designated as a gatekeeper does not result in an irreparable breach of confidentiality. It also discusses the requirements for granting interim measures in a legal case, emphasizing the need for specific and detailed information to justify such measures. The article addresses the alleged harm caused by Regulation 2022/1925, particularly regarding the use of personal data by TikTok. The Commission disputes these arguments, stating that the harm is hypothetical and can be resolved through compensation. Ultimately, the article concludes that the application for interim measures should be dismissed.