SOMI Newsletter - October 31st, 2024

After the Netherlands, SOMI is suing TikTok in Belgium

Oct Thu 31 2024

The SOMI Foundation has filed a claim against TikTok today in Brussels for violating privacy and consumer protection laws. This is being pursued through a collective redress claim on behalf of adult users and parents whose children have used TikTok. According to the foundation, TikTok is, among other things, negligent regarding the privacy and data protection of its users, including many children.

Children under 13 years old: € 2,000, children aged 13, 14 and 15: € 1,000, children aged 16 and 17: € 500, and adult user: € 350. These are the amounts that the Foundation for Market Information Research (SOMI) claims as compensation for the participants in its collective claim against TikTok.

The first step in the legal process in Belgium was taken today. SOMI's legal team, privacy experts from the law firm AContrario led by Magali Feys, has submitted an official petition to the Enterprise Court in Brussels.

SOMI asserts that TikTok systematically violates the rights of its users, many of whom are children, through unfair market practices and large-scale privacy infringements. This includes profiling children for marketing purposes, failing to obtain proper consent for the use of data, and not clearly indicating which data is collected and for what purposes.

Most concerning is that TikTok does not adequately protect children from harmful content. There have been reported incidents worldwide resulting from participation in challenges circulated on the platform, some with tragic outcomes. In Belgium, a 17-year-old boy died in February 2024 from trying to participate in a challenge on TikTok.

Beyond monetary compensation, this claim aims to hold TikTok accountable and prompt it to improve its data protection practices for minors and other users. Therefore, SOMI demands the deletion of accounts and all personal data of users under the age of 16 and the nullification of specific clauses in TikTok’s Terms of Use and its Virtual Items Policy for all users due to an imbalance that disadvantages users.

In June 2021, SOMI sued TikTok to represent the interests of more than 87,000 victims in the Netherlands. TikTok initially challenged the jurisdiction of the Dutch court, seeking instead to have the case handled by the Irish regulator, which SOMI claims was merely an attempt to cause further delays. In October 2023, the Amsterdam court ruled that SOMI's case was admissible. In January 2024, the court decided that SOMI could act as a co-representative on behalf of the affected individuals, though the claim for non-material damages was dismissed. An appeal has since been filed against this decision, which is still ongoing.

Adults who have used TikTok, as well as parents of children who are using or have used TikTok from May 25, 2018 onward, and residing in Belgium, can participate in the claim against TikTok by signing up on the website tiktokclaim.be or via the SOMI app, available on App Store and Google Play. SOMI also offers the opportunity to invest in lawsuits through its litigation certificates. For more information, visit somi.nl/investment.