Expect continued legal and regulatory friction between the European Union and major tech platforms over data access. The EU Commission is likely to intensify its enforcement efforts, potentially leading to larger fines or more prescriptive remedies. Tech companies, in turn, may continue to challenge these regulations, citing operational complexities or conflicts with other privacy laws like GDPR, prolonging the struggle for transparent data access.
Image: courtesy of Wired
Why Europe's Data Access Rules Still Face Big Tech Resistance
European researchers are reporting that major technology companies, including Meta, TikTok, and X, are actively obstructing their access to crucial platform data, despite new European Union regulations designed to facilitate such scrutiny. This resistance persists even after the EU has initiated enforcement actions and levied fines against some of these firms, raising questions about the effectiveness of the Digital Services Act and Europe's broader push for digital sovereignty.
Outlook
Background
The Digital Services Act (DSA), a landmark piece of European Union legislation, came into full effect for very large online platforms on October 29, 2025. A core tenet of the DSA is to grant independent researchers unprecedented rights to access public data from these platforms. The goal is to allow scrutiny of how social media systems operate, understand their societal impact, and identify potential harms. However, less than a year after these rules became effective, European researchers are reporting significant barriers. They claim that platforms such as TikTok, X (formerly Twitter), and Meta are impeding their attempts to gain the data access promised by the law. This situation is not new; a September 2025 report from the Center for Social Media, Tech and Democracy indicated that 65% of researchers had already avoided using data from Facebook, 53% from X, and 36% from TikTok due to access issues. The EU has already taken action, having charged TikTok in February of this year with breaching online content rules, and in October 2025, it found both TikTok and Meta had failed to provide adequate data access. These companies now face potential fines of up to 6% of their global turnover if the Commission's findings are confirmed. A TikTok spokesperson has indicated the company is reviewing the findings, raising concerns about a potential tension between the DSA's data access requirements and the bloc's existing General Data Protection Regulation (GDPR).
Precedents
The current friction over data access is part of a longer-standing pattern of regulatory battles between the European Union and American tech giants. For years, the EU has sought to rein in the power and influence of these companies, often leading the world in setting digital standards. Precedent includes major antitrust fines levied against Google for abusing its market dominance in search and advertising, and the ongoing enforcement of GDPR, which imposed strict rules on data privacy globally. Historically, Big Tech companies have often resisted new regulations, frequently engaging in lengthy legal challenges, lobbying efforts, and sometimes making minimal adjustments to comply. The companies often argue that compliance is technically challenging, conflicts with other legal obligations, or stifles innovation. The EU, on its side, has consistently shown a willingness to pursue enforcement, even against the largest corporations, often viewing these actions as crucial to maintaining fair markets, protecting citizens' rights, and asserting its own 'digital sovereignty' — the idea that Europe should control its digital future rather than relying solely on foreign tech companies. This dynamic suggests that the current standoff over DSA data access is not an isolated incident but a continuation of a persistent power struggle.
The ongoing struggle for data access strikes at the heart of the European Union's ambition to regulate the digital economy and foster genuine digital sovereignty. If researchers cannot effectively scrutinize the inner workings of very large online platforms, the public's understanding of how these powerful systems shape society remains limited. This lack of transparency can obscure the spread of misinformation, the impact of algorithmic biases, and the effects of platform design on mental health or democratic processes. It also undermines the very purpose of the Digital Services Act, suggesting that even with robust legislation, enforcement against well-resourced tech companies remains a formidable challenge. For the tech companies, resistance to data access is not just about avoiding fines; it is about protecting proprietary algorithms, safeguarding user data (or perceptions of it), and maintaining control over narratives surrounding their platforms. The outcome of this battle will set a significant precedent for how effectively regulators worldwide can compel transparency from digital gatekeepers and whether the public can truly gain insight into the digital forces shaping their lives.
Scenarios
AnalysisOne possible outcome is that the European Commission will proceed with confirming its findings and imposing substantial fines on Meta, TikTok, and potentially other non-compliant platforms. This may compel companies to improve their data access mechanisms, albeit reluctantly. However, such fines could also trigger protracted legal appeals from the tech companies, delaying full compliance further while the cases move through European courts.
Another scenario is that tech companies could attempt to leverage the claimed tension between DSA data access requirements and GDPR. This could lead to a drawn-out legal debate over the precise scope and interpretation of data sharing, potentially forcing the EU to issue clearer guidance or amend aspects of the DSA to reconcile these perceived conflicts. This strategy could buy companies more time and potentially dilute some of the DSA's data access provisions.
A third outcome is that the EU, frustrated by persistent non-compliance, could consider even more stringent measures. This might involve not just higher fines but also structural remedies, such as mandating specific technical interfaces for data access, or even threatening temporary service restrictions for platforms that are deemed to be in flagrant and continuous breach of the DSA. This would escalate the conflict significantly, but it could be seen as a necessary step if current enforcement proves insufficient to achieve the DSA's transparency goals.
Conversely, there is a speculative possibility that some tech companies may eventually choose to comply more fully, either due to the escalating financial and reputational costs of non-compliance, or as a strategic move to preempt even harsher future regulations. This could involve developing more robust and compliant API (Application Programming Interface) systems for researchers, or engaging more collaboratively with regulatory bodies to define acceptable data sharing protocols.
Timeline
2024
Report Highlights Research Challenges
A report from the Center for Social Media, Tech and Democracy indicates that a significant percentage of researchers have already avoided using data from major platforms like Facebook (65%), X (53%), and TikTok (36%) due to difficulties in obtaining access.
May 2025
TikTok Charged Under DSA
The European Commission charges TikTok with failing to comply with various requirements under the Digital Services Act, foreshadowing broader enforcement actions.
September 2025
Access Denied Report Published
The 'Access Denied: When Tech Giants are the Gatekeepers for Researchers’ Access to Data' report is published, detailing the difficulties researchers face.
October 2025
Meta and TikTok Cited for Non-Compliance
The European Commission states that TikTok and Meta failed to provide researchers with adequate access to public data, as mandated by the DSA.
October 29, 2025
Digital Services Act Fully Effective
New rules under the Digital Services Act (DSA) officially allow researchers to gain unprecedented access to data from very large online platforms.
February 2026
TikTok Charged Over Content Rules
EU regulators charge TikTok with breaching online content rules, specifically citing 'addictive platform features,' in a separate but related DSA enforcement action.
July 24, 2026
Researchers Report Ongoing Data Blocks
European researchers publicly state that major tech companies, including TikTok, X, and Meta, continue to impede their access to data, despite the DSA's provisions.
Frequently Asked Questions
The Digital Services Act is a comprehensive European Union law designed to regulate very large online platforms and search engines. It aims to create a safer, more transparent, and accountable online environment by imposing obligations on these platforms, including requirements for content moderation, algorithmic transparency, and, critically, data access for independent researchers.
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