Timeline

On November 12, 2024, TikTok will respond to the motions from TBYP, SMC and SOMI. The motions explained why they filed an appeal. A court hearing is scheduled for April 2, 2025. During that hearing, all parties will speak. After that, the court will decide on the appeal and render judgment.

On October 2, 2024, all parties in the TikTok proceedings were allowed to indicate whether they wanted the proceedings at the Amsterdam District Court to continue, or be paused, during the appeal at the Amsterdam Court of Appeal.

TikTok and SOMI informed the court that they felt the cases should remain paused while the appeal is pending. TBYP and SMC would like to continue litigation. Because so far TikTok has not responded in any substantive way. 

The court decided to stay the proceedings in the district court while the appeal proceedings are pending. 

On July 30, 2024, Take Back Your Privacy Foundation - supported by the Consumentenbond - explained to the Amsterdam Court of Appeal why it has filed an appeal in the TikTok case. Take Back Your Privacy does this because it wants to secure all possibilities for compensation for its participants. Take Back Your Privacy also believes that TikTok users who created a TikTok account after November 9, 2022, should be allowed to participate in the TikTok action. Read more here.

On May 1, 2024, TBYP received notice from the Amsterdam District Court that the proceedings will be stayed until at least October 2, 2024. The court stated that it is currently unclear how the appeal filed by SOMI, SMC and TBYP will be dealt with. SMC and TBYP have indicated to the district court that the proceedings should continue about the merits while the appeal on, among other things, damages is still pending. This avoids unnecessary delay. TikTok, on the other hand, has an interest in delaying the proceedings and has argued to the district court that the proceedings should be stayed until the Amsterdam Court of Appeal has ruled on the appeal. On October 2, 2024, all parties will be allowed to present further arguments on the continuation of the proceedings at the court.

On January 10, 2024, the Amsterdam District Court ruled and appointed TBYP as the exclusive representative for the Dutch children. In this ruling, the court also addressed the legal options for claiming damages. TBYP believes it is important that TikTok fully compensates the Dutch children for the serious violations of privacy and consumer rights. In addition, it is important to clarify what possibilities there are in future cases to claim damages in class actions. Therefore, TBYP filed an appeal on April 9, 2024 to secure all options to do so. The other foundations, SMC and SOMI, also filed appeals. The appellate writ of summons can be read here.

The Amsterdam District Court ruled on Wednesday, Jan. 10, 2024, that Take Back Your Privacy Foundation - supported by the Consumentenbond - may exclusively represent the interests of Dutch children in a class action against TikTok. Read more here

The Amsterdam District Court has informed TBYP that judgment in the TikTok case has been postponed until Jan. 10, 2024. The judgment concerns the admissibility of TBYP and the designation of the exclusive representative.

Now that Take Back Your Privacy (TBYP) has amended its funding agreement at the request of the District Court of Amsterdam and filed a motion in this regard on November 8, 2023, the District Court of Amsterdam can decide on the admissibility of TBYP and indicate which foundation will be designated as exclusive representative in these WAMCA proceedings. The court has indicated that it will issue a ruling on this matter on December 27, 2023. After nearly three years of litigation, TBYP hopes to finally be able to take substantive steps in the class action against TikTok after December 27, 2023.

The court ruled that Take Back Your Privacy Foundation (TBYP) meets the requirements to pursue a class action (in legal terms, TBYP is admissible), with one exception. Before the court can finally rule on TBYP's admissibility, TBYP will have to amend its funding agreement with its funder. TBYP will file a motion on November 8, 2023, after which TikTok may respond. Thereafter, the court will additionally rule on who will be appointed as exclusive advocate(s). This could be TBYP, SMC and/or SOMI.

The good news is that the case will now move forward and TikTok will be held accountable for the privacy violations.

The Amsterdam District Court was originally scheduled to render judgment on the admissibility of Take Back Your Privacy (TBYP) (and the other foundations) and who will be appointed as exclusive representative on October 11, 2023. The court has informed the parties that the judgment date will be delayed by several weeks. As soon as TBYP receives an update on the new judgment date, TBYP will notify its supporters by posting an update on its website.

Ireland's privacy watchdog, the Data Protection Commission (DPC), fined TikTok €345 million for violating children's privacy for five months in 2020 (see DPC press release). TikTok must also end the violations found within three months. Read more here.

On June 28, 2023, the second hearing took place. During the hearing, Take Back Your Privacy substantiated why it is admissible and why they should be appointed as exclusive representative. It also addressed the possibility of collective litigation for GDPR violations and the damages (material and immaterial) suffered by the children. The other two plaintiffs and TikTok also spoke during the hearing. The court plans to render judgment on August 30, 2023 and decide which plaintiff is best suited to continue the TikTok litigation.

Britain's privacy watchdog, the Information Commissioner's Office (ICO), has fined TikTok £12.7 million for misusing children's personal data. Read more here.

The Take Back Your Privacy Foundation and Consumentenbond, through the law firm Scott + Scott, helped the Energy and Commerce Committee of the U.S. House of Representatives prepare for its hearing with TikTok boss Shou Zi Chew on Thursday, March 23. Read more here.

TikTok has filed a reply. TBYP may respond to TikTok's defenses at the hearing.

In December 2022, Take Back Your Privacy had to file a motion to the court. In this document, TBYP explained why it believes it should become exclusive representative. The other 2 parties that also sued TikTok in a class action are SOMI and SMC. They have also drafted a motion. Now it is up to TikTok's lawyers to respond to these documents in writing. This is due by Feb. 1, 2023. After that, a hearing will be scheduled.

The Take Back Your Privacy Foundation has achieved a first success in its class action against TikTok. The Dutch court finds that it has jurisdiction to rule on the Foundation's claims against TikTok. Read more here.

Op 10 oktober 2022 vond de eerste zitting plaats. Aan de orde kwam de vraag of de Nederlandse rechter mag oordelen over de vorderingen tegen TikTok (TBYP vindt van wel) en zo ja, of de zaak niettemin moet worden aangehouden (TBYP vindt van niet). De rechtbank zal hierover op 9 november 2022 beslissen. TBYP vertrouwt erop dat de procedure door zal gaan naar de volgende fase.

Het Financieele Dagblad ("FD") reports that the Dutch government is no longer using TikTok for advertisements and campaigns. The reason is that the government is concerned about TikTok's compliance with privacy rules. Read the FD article here, which also mentions the claim of Take Back Your Privacy Foundation.

The first hearing date in our lawsuit against TikTok has been set. It will be October 10, 2022. During this hearing it will mainly be about the procedure and the claim will not be discussed in detail. The following 2 things will be discussed: 1. Does the Dutch court have jurisdiction? 2. If so, should the claim still be 'stayed'? (We do not think so). 

The court has decided to split the proceedings regarding our TikTok claim into three phases: The first phase consists of proceedings to clarify whether the Dutch court has jurisdiction over the claim or not. TikTok has six weeks to submit its views on this (April 6, 2022). This is followed by the oral hearing, after which the court will decide in an interlocutory ruling whether the case can go to trial in the Netherlands or elsewhere. During the second phase, various procedural issues are addressed. One of the questions that then comes up is whether it makes sense to handle the claim collectively or not. Also at this stage, the exclusive representative will be appointed (as there are three foundations that have sued TikTok). And the court will review whether the claim against TikTok is admissible, or, in other words, whether the claim meets the legal requirements to be heard. The third stage is the substantive hearing. When that will take place is not yet certain because the first two phases must be completed first.

Irish privacy regulator launches 2 investigations into TikTok. The first investigation focuses on how TikTok collects and processes children's information (+ age verification of < 13 years old). The other deals with the sharing of (that) information with China. Ireland thus takes over from the AP here in the Netherlands, which already fined TikTok in July this year. We will keep you posted on the outcome the Irish investigation, as this is also important for our claim. News release from the Irish regulator about the start of the TikTok investigation.

The number of registrants for our TikTok claim is currently over 35,000. We are very happy with that. It just goes to show how many people care about the privacy (of children) and support our work. You can still register your (child's) claim. Please note that you must be 18 years old to sign up. Are you not (yet)? Then ask your parents or guardians to do it for you.

The Take Back Your Privacy Foundation (TBYP), in cooperation with the Consumentenbond, is taking TikTok to court. Earlier, the organizations contacted TikTok with demands for violating children's privacy and consumer rights. However, discussions with TikTok about these issues have been unsuccessful. Read more here.

The Take Back Your Privacy Foundation and the Consumentenbond are launching an action against TikTok. A so-called class action. Why are we doing this? Read the explanation to (your) children

The €750,000 fine imposed by the Personal Data Authority (AP) on TikTok for violating children's privacy is a big boost for consumers. So say Take Back Your Privacy Foundation and the Consumentenbond, which in June filed a €1.5 billion claim with the popular video platform on behalf of children. Read more here.

TikTok must pay Dutch children damages for unlawfully collecting and trading their data. The company must also remove collected data, and abide by the law from now on. That is what Take Back Your Privacy Foundation and the Consumentenbond are demanding. If TikTok does not comply with the demands, the Foundation, in cooperation with the Consumentenbond, will go to court.

The Take Back Your Privacy Foundation's claim against TikTok commenced on Thursday, June 23, 2021.