SOMI Foundation starts new case worth more than 10 billion euros against Meta (Facebook)

This article was published on Riskcompliance.nl on October 26th, 2023.

The Market Information Research Foundation, abbreviated as SOMI, recently reported that it is filing a new case against Meta for privacy violations on Facebook. In that case, SOMI is claiming an amount of no less than 10.5 billion euros from the American tech giant Meta for all Dutch Facebook users. This announcement follows the success for SOMI in the TikTok case. In that case, SOMI represents the interests of all underage TikTok users in the Netherlands. The Amsterdam court has declared SOMI admissible, which clears the way for the substantive treatment of this case. After extensive investigation into Meta, including the Facebook data breach of April 2021 and other ongoing violations of privacy law, SOMI is now announcing a class action lawsuit.

According to SOMI, Meta has violated privacy laws on a large scale by giving unauthorized persons access to the personal data of Facebook users. This resulted in a data breach that affected more than 5 million people in the Netherlands. In addition, Meta has been transferring personal data of its users for years to countries that do not provide an adequate level of data protection, including the United States. Finally, Meta has been processing personal data for personalized advertising purposes for years without the required consent.

SOMI now estimates the amount of compensation at 500 euros for each Dutch user of Facebook and 1,000 euros for each Dutch user affected by the data breach in April 2021. Registration is now open at www.facebookleak.org. Participants who sign up for this cause before January 1st, 2024 will receive free credits for services on the SOMI app, worth €15. Participation is free.

Verdict in the case against TikTok

In the judgment of October 25th, 2023, the Amsterdam court ruled that SOMI is admissible in the proceedings against TikTok, in which SOMI represents the interests of all underage TikTok users in the Netherlands. The other two foundations, the Take Back Your Privacy Foundation and the Massaschade & Consument Foundation, must first put the agreements with their commercial litigation funders in order. The court will then decide whether they are also admissible.

SOMI is pleased to move forward with the lawsuit so that justice can be achieved for those who have suffered harm and that TikTok can be legally required to stop unlawful practices.

After the court has decided on the admissibility of the other foundations, one of the foundations will be appointed as lead plaintiff (the “exclusive representative”). The next step is that there will be a period of standstill for settlement negotiations with TikTok. If a settlement is reached, the court will have to approve it. If no settlement is reached, proceedings will continue. Furthermore, all victims will be given the opportunity to unsubscribe from this claim, for example if they do not agree with the claim or because they would prefer to independently initiate a case against TikTok. The substantive treatment will probably take place in 2024.

It is of course possible that TikTok will appeal against the judgment of October 25th, 2023.

Read full article (in Dutch): https://www.riskcompliance.nl/news/stichting-somi-start-nieuwe-zaak-van-meer-dan-10-miljard-euro-tegen-meta-facebook/