SOMI Newsletter - February 22nd, 2023
This is the newsletter for February 2023 from the Foundation for Market Information Research to its relations, including the participants in its actions, its sympathizers, and app users.
SOMI's statement on the position of Exclusive Representative
In the second phase of the collective claim against TikTok, one of the three foundations that instituted claims will be selected as an Exclusive Representative. In its decision of November 9th, 2022, the court of Amsterdam gave SOMI, Stichting Take Back Your Privacy and, Stichting Massaschade & Consument the opportunity to submit their arguments regarding the appointment of such class representative.
The court has also requested the foundations to disclose the financing agreement for the claim funding. The agreement does not have to be provided to other party, but that only the court will have access to it. However, TikTok has objected this decision and requested to inspect the financing agreements of all three foundations. SOMI is willing to disclose its term of financing, however, Take Back Your Privacy and Massaschade & Consument are unwilling to do so. The court will now decide at the end of the oral hearing whether TikTok should have access to these documents.
In its summons, SOMI explained about its financing that initially, it received general loans from its directors, covering the costs of all its activities. Subsequently, its board of directors decided to convert these loans into a general donation, in support of the overall goals of the foundation. To date, SOMI has been engaged 2,5 years in this fight against the legal transgressions by TikTok. The donations by its boards will now ensure that we can represent the interests of the victims completely independently from any commercial outside interests.
- - 25% of the compensation up to €100,
- - 20% from €100,01 to €200,
- - 17,5% from €200,01 to €300,
- - 15% from €300,01 to €400, and
- - 12,5% on compensation above €400,01.
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Updates
Next step in TikTok mass claim procedure
TikTok has to respond with a statement of defense on the admissibility of the claims foundations no later than February 1st, 2023. However, TikTok has requested a postponement, in which the court has granted a 3-week extension until February 22nd. After which an oral hearing is expected to be scheduled.
Click here for more information on TikTok claim
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Dutch Data Protection Authority - Investigation into TikTok
Only on January 27th, 2023, we have received a message from the Dutch Data Protection Authority (AP) regarding the progress from the Irish Data Protection Commission (DPC) on SOMI's complaint against TikTok, submitted in April 2021. In this message, the DPC indicates that it has completed its investigation and that a draft decision is currently presented to concerned supervisory authorities in accordance with Article 60 GDPR.
In our previous correspondence, the DPC had informed SOMI that it has launched an inquiry examining TikTok’s compliance with the General Data Protection Regulation (GDPR) by design and default requirements, and age verification measures. This inquiry, which the DPC launched in September 2021, was also tasked with examining whether TikTok has complied with the GDPR’s transparency obligations in processing of personal data of users under the age of 18. A preliminary draft decision was issued to TikTok in June 2022.
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In the News
Menno Weij on RTL Z news on the visit of TikTok's CEO to the European Commission
Menno Weij, a member of the supervisory board of SOMI, appeared on RTL Z News on January 10th to discuss a recent visit of Shou Zi Chew, TikTok's Chief Executive to the European Commission.
Click here to watch on RTLnieuws (in Dutch)
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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 Meta (Facebook) and TikTok.