The claim against TikTok
TikTok is violating children’s privacy and consumer rights. Take Back Your Privacy Foundation finds this unacceptable. Therefore, with the support of the Consumentenbond, the foundation is taking action against TikTok. The Foundation demands that TikTok stops all of its unlawful actions, and demands compensation for the victims.
What's going on?
TikTok is violating the privacy and consumer rights of users of the TikTok app, especially the rights of Dutch children.
TikTok pretends that children use the TikTok app for free. But it’s not free at all. TikTok turns “the user” into the product. TikTok annually collects billions in profits through ad sales. TikTok can sell those ads by using the personal data, including the children’s data, that it collects in violation of European and Dutch law. Users are inadequately, unclearly, and incorrectly informed about how their personal data is processed. Moreover, TikTok collects far more data than is necessary, without having a legal basis for doing so.
TikTok violates the law in many ways. TikTok’s unlawful conduct can be summarized in three categories.
First, TikTok excessively processes children’s personal data. TikTok must have a legitimate processing ground, for doing so. It does not have one. Moreover, TikTok does not have a proper system to check its users’ age, or whether children have parental consent when required by law.
Second, TikTok does not provide proper information about children’s privacy and consumer rights. Therefore, the children are unaware that their privacy is being violated. As a result, they are also unable to exercise their rights.
Third, TikTok exposes children to harmful situations. The app suffers from security problems, personal data is sent to countries such as China, and the app shows children harmful videos and hidden advertisements.
The Take Back Your Privacy Foundation and the Consumentenbond find this unacceptable.
That is why the Take Back Your Privacy Foundation has launched a lawsuit against TikTok, with the support of the Consumentenbond. They are demanding three things.
First, the children must receive compensation. The Take Back Your Privacy Foundation claims at least 2 billion euros as damages that must be divided among Dutch children who have been victimized by the unlawful acts by TikTok. Additionally, TikTok must pay to the Dutch children the profits it made through its unlawful actions.
Second, TikTok must immediately stop its unlawful conduct. TikTok must therefore, among other things: stop sending children’s personal data to countries outside the EU without an adequate level of protection of the personal data being in place, secure the TikTok app properly, turn on privacy-friendly settings by default for children, check the age of users, and minimize the processing of children’s personal data.
Third, TikTok must destroy all personal data that have been unlawfully collected.
The Take Back Your Privacy Foundation has hired a class action expert, the law firm Scott+Scott, to fight the action in court. Join the action, because the more support the better!
