The bill was already passed by the US House of Representatives in mid-March, but the Senate has now also voted in favor. That doesn’t come out of the blue. The US has been suspicious of the originally Chinese app for years. The Americans fear that data could end up in the hands of the Chinese government via the app, which has around 170 million American users. Another concern is that China wants to control the US elections via the app’s algorithm. For this reason, the use of the app on civil servants’ work phones is prohibited. This ban also applies to employees of the European Commission. This ban does not apply to Dutch civil servants, although the cabinet last year called for the app to be removed from work phones.
The US already tried to transfer TikTok to an American company in 2020. That failed then, but the mistrust remained. In 2023, the American Committee on Foreign Investment in the US (CFius) also demanded a forced sale. The new law forces ByteDance to sell the app to an American company. If this does not happen, the app must be removed from the download stores of Apple and Google and hosting providers must stop providing services.
TikTok response
TikTok reacts combatively. In a response, the platform reports: ‘Previous attempts to ban TikTok failed in courts, and this time too we are not avoiding the fight. The legislation is not intended to protect the data of American users, but is driven by a geopolitical game.
The facts at a glance:
• TikTok is not a Chinese organization, and is not accountable to the Chinese government.
• ByteDance (our international parent company) is 60% owned by, mainly American, investors; 20% owned by the founders, and the remaining 20% of the company is owned by our employees.
• TikTok is not banned in China. We have made the choice, like many other global tech companies, not to operate there due to local laws and regulations.
• Content on TikTok is driven by our users, not us, and not by governments. Allegations that we are a Chinese propaganda channel are completely unsubstantiated.
• Our community guidelines are stricter and more strictly enforced than comparable platforms. We strive to be the most fun and reliable platform, and safety for our users and creators is crucial.
• We set our community guidelines based on our principles, and we are in continuous contact with partners at local and international level, both directly and indirectly through our Safety Advisory Council or Youth Council. We don’t avoid conversations, even when they are difficult.
• We’re taking action to ensure TikTok user data is as secure as possible, with industry-leading initiatives that set the tone for the future of data security.
• To protect user data, we have established Project Texas in the US, after consultation with the CFUIS; In addition, our algorithm is checked by Oracle as an external party.
• In Europe, we introduced Project Clover, allowing us to keep European user data in Europe, restrict external access and have controls performed by a third party, the NCC Group. If they detect abuses, they can immediately enter into discussions with authorities.
• We don’t avoid conversations, but we notice that large parts of the conversations we have are driven by misinformation; particularly by individuals who do not appear to use or know our platform.
We cannot yet say the actual impact this will have for the Netherlands and Europe. We notice that more and more people and companies are finding our platform. Our aim is, and remains, to be an inclusive social entertainment platform driven by positivity and discovery.”
