Judge: TikTok can be sued in Dutch mass claim

TikTok can be sued in the Netherlands, the judge has ruled. TikTok thought it was avoiding a Dutch mass claim because it is not located in our country, but the judge does not agree.

This article was published on November 9th, 2022 on RTLnieuws. 

It concerns a joint collective action against TikTok of the Take Back Your Privacy Foundation supported by the Consumers' Association and similar claims by the Massaschade & Consument Foundation and the Foundation for Market Information Research. Those groups filed a number of lawsuits against TikTok last year, with the total amout for a damage claim of 6 billion euros.

TikTok thought that the case should not be dealt with under the Dutch court, because the European branch of TikTok is located in Ireland. The Irish privacy watchdog is currently investigating TikTok, and the company wanted to await that investigation. TikTok also thought that the European Court of Justice should clarify the European rules.

Judge: we can do that

The Amsterdam court dismisses TikTok's defense and states that judges in the Netherlands have jurisdiction to hear these types of collective claims against TikTok. TikTok's other objections have also been rejected. That is why the Dutch mass claims against TikTok announced last year can now continue after a delay.

The indictment against TikTok revolves around the way the Chinese app has handled data from underage users. That data was allegedly collected and traded unlawfully, and the foundations want compensation for this. Together, tens of thousands of consumers would participate in the actions, which should be good for a total claim of 6 billion euros.

Please find the link to the full article (in Dutch): https://www.rtlnieuws.nl/tech/artikel/5345713/tiktok-massaclaim-nederland-mag-doorgaan-rechter