SOMI Nieuwsbrief - 25 oktober 2023

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Newsletter SOMI - October 25th, 2023

This is the newsletter for October 2023 from the Foundation for Market Information Research to its relations, including the participants in its actions, its sympathizers, media professionals and app users.

SOMI Foundation starts new €10.5 billion case against Meta (Facebook)

After extensive investigation into Meta, including the April 2021 Facebook data breach and other ongoing violations of privacy law (GDPR), SOMI is hereby announcing a new class action lawsuit.

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 US. Finally, Meta has been processing personal data for personalized advertising purposes for years without the required consent of the persons involved.

On September 15th, we submitted a complaint letter regarding Meta to the Dutch Data Protection Authority (AP) and the Irish Data Protection Commission (DPC). On September 29th, we received a response from the AP stating that since SOMI's complaint concerns international processing of personal data by Meta Platforms Ireland, therefore, the DPC will be leading this investigation.

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

Download the SOMI app from the Google and Apple stores to see which of your data is involved in this data breach.

Verdict in the TikTok case

In the judgment of October 25, 2023, the Amsterdam court today ruled that SOMI is admissible in the proceedings against TikTok, in which SOMI stands up for the harassment of all underage TikTok users in the Netherlands. The other two foundations, Take Back Your Privacy Foundation and Massaschade & Consument, must first renegotiate agreements with their respective commercial litigation funders. The court will then decide whether they are also financially sufficiently independent to be declared admissible. 

SOMI is pleased to move forward with the lawsuit so that we can achieve justice for those who have suffered harm and legally demand that TikTok stop its unlawful practices. This is great news for the parents and children in the Netherlands whose rights have been violated by TikTok. 

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 ”). At present, only SOMI is eligible for this. 

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, legal proceedings will have to continue to enforce compensation for the TikTok users. 

The substantive treatment will probably take place in 2024. All victims will also 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. 

It is possible that an appeal will be lodged against the judgment of October 25, for example because TikTok does not want to accept the admissibility of SOMI. Click here for more information on TikTok claim.


TikTok fined for €345 million for violating children’s privacy

On September 15th, the Irish Data Protection Commission (DPC) announced a €345 million fine for TikTok. The Irish watchdog has launched an investigation in September 2021 to examine how TikTok processed children's data between the period of July 31st - December 31st, 2020.