Important ruling in TikTok case: Take Back Your Privacy makes progress

The Amsterdam Court of Appeal has issued an important decision (link in Dutch only) in the case brought by Take Back Your Privacy against TikTok. The outcome is positive: TikTok must now finally respond substantively to the allegations made by Take Back Your Privacy. In this case, Take Back Your Privacy is supported by the Dutch Consumers’ Association (Consumentenbond) and several other support organizations.

The Court of Appeal ruled that the Dutch courts have jurisdiction to decide on all claims that are not directly based on the GDPR. The claims for compensation of non-material damages – which the Amsterdam District Court had previously deemed unsuitable for a collective action – are now once again part of the case. The Court also decided that Take Back Your Privacy may represent minor TikTok users who joined the action at a later stage or will do so in the future. Joining this procedure therefore remains meaningful and can be done via: https://www.claimservice.nl/tiktok/.

As for the GDPR-related claims, the Court of Appeal has not yet issued a decision. It will first await the judgment of the Court of Justice of the European Union in a similar case.

In the coming months, a hearing will take place to discuss how the proceedings will continue. During that hearing, the parties will also address whether they intend to enter into settlement discussions and how the substantive phase of the case will proceed.

Take Back Your Privacy is pleased that this case – which began in 2021 – is finally moving into the substantive phase.