SOMI Newsletter - December 16th, 2022

This is the newsletter for December 2022 from the Foundation for Market Information Research to its relations, including the participants in its actions, its sympathizers, media professionals and app users.

Updates

Next step in TikTok mass claim procedure

Following the verdict from November 9th in which the District Court of Amsterdam ruled that the Dutch court has jurisdiction in the mass claim against TikTok, we are now entering the second phase of the claim. The next step is that the court will determine the admissibility of the three foundations that sued TikTok.

On December 21st, the three foundations must each submit the deeds to explain why they should be chosen as exclusive representatives. TikTok, in turn, must respond with a statement of defense no later than February 1st, 2023. After that, a hearing will take place to appoint the exclusive representative of the mass claim against TikTok. Click here for more information on TikTok claim.

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Changes in the Board of Directors and Supervisory Board of SOMI

As of December 15th, 2022, Philip Vromen has resigned from the Board of Directors and Jan Huijnk has resigned from the Supervisory Board of SOMI. Due to his experience and his role as press officer, Cor Wijtvliet is making the transition from the Supervisory Board back to the Board of Directors. Cor has been involved with SOMI since its establishment as a director, at the time because of the research into the cartel on the Dutch mortgage financing market for mortgage financing.

We are also delighted to welcome Sergei Purewal to the Supervisory Board of SOMI.

Sergei Purewal is a solicitor with significant national and international high value, complex dispute resolution (ADR) and civil litigation experience and is admitted to practice law in England and Wales.

Sergei has worked for international law firms, including Dentons and Eversheds in private practice, as well as for global litigation funders, including Burford Capital (UK). Besides his appointment to the supervisory board of SOMI, he also sits as a member on various other visionary Dutch boards. Most recently, Sergei is the owner of the consultancy firm Pure Equitas (International) Consultancy LLC providing access to justice including sourcing, and advising on, litigation funding.

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TikTok Employees in China Can Now Access European Users Data

Since December 2nd, TikTok employees in China can access data from European users as announced on November 2nd in TikTok's recent changes in privacy policy .

In addition to China, TikTok also names other countries — Brazil, Canada, China, Israel, Japan, Malaysia, Philippines, Singapore, South Korea, and the United States in which European users data can be accessed by certain employees.

According to several privacy experts, TikTok's approach is in violation with the European privacy regulations because TikTok fails to clarify what data the employees in those countries have access to, and which employees have the rights to access the European personal data.

Moreover, the European Court of Justice has ruled that data transfer to third-country such as China required additional safeguard to the standard contract which was not disclosed by TikTok. In a statement to NOS, TikTok states that it does have an additional safeguard at a technical, contractual and organizational level for data transfer to China, but did not clarify further what exactly the safeguards are.

In the Netherlands, TikTok’s privacy changes has sparked coalition party ChristenUnie to call for the ban on the app. The majority of the Dutch parliament believes that the Cabinet should prevent the sensitive personal data of Dutch TikTok users from ending up in the hands of the Chinese government.

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About SOMI

The Foundation for Market Information Research (SOMI) is a non-profit organization set up to identify and influence issues of social importance.

SOMI is a recognized claims foundation in the field of privacy and data autonomy and is committed, among other things, to the protection of the fundamental rights of consumers and minors who use various online services. With the app that SOMI has developed, we want to restore ownership and control over personal data to all the people: All your data. all yours.

SOMI investigates abuses, informs the public and helps injured parties. SOMI does this by conducting collective proceedings and claiming compensation.

SOMI is currently investigating alleged GDPR violations by Facebook and TikTok.

SOMI Newsletter - December 16th, 2022

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