The DSA's Blind Spot: Algorithmic Audit of Advertising and Minor Profiling on TikTok

A team of nine researchers led by Ivan Srba from Comenius University published a groundbreaking algorithmic audit of TikTok's advertising practices, specifically examining compliance with the EU's Digital Services Act (DSA). Using sock-puppet accounts simulating minor and adult users with distinct interest profiles, they automatically annotated and analyzed over 2,800 recommended videos across four categories: formal ads, disclosed influencer ads, undisclosed influencer ads, and non-commercial content. Their methodology revealed a critical gap in current regulation.

While TikTok demonstrates formal compliance with DSA Article 28(2) by preventing traditional profiled ads from reaching minor accounts, the platform's algorithm shows significantly stronger profiling (5-8 times) for both disclosed and undisclosed influencer marketing content targeted at minors. The strongest profiling emerged in undisclosed commercial content where brands and creators fail to label promotional material, and TikTok's systems neither correct this omission nor prevent its personalized delivery to vulnerable users. This creates what researchers term a "regulatory paradox" where protections are technically implemented but functionally circumvented.

The study's findings highlight how current advertising practices—particularly influencer marketing and branded content—operate outside the DSA's narrow definition of "advertisement." The researchers argue that protecting adolescents' still-developing cognitive capacities requires expanding regulatory definitions to encompass all commercial persuasion, not just formal advertising channels. They propose extending Article 28(2)'s prohibition to include brand/influencer marketing, ensuring platforms like TikTok cannot claim compliance while algorithms continue targeted commercial exploitation of minors through alternative channels.