TikTok is a popular social networking service used to create, edit and share short videos. The app is particularly popular with children. TikTok shows users a suggestion of videos based on their activity on the app. The content is generated by TikTok's algorithm. TikTok's algorithm uses artificial intelligence to process user preferences based on their activity in the app: what the user liked, what the user responded to, or what the user searched for. The TikTok app uses all this data to provide a personalized stream of videos and keep the user engaged for as long as possible.

TikTok was first launched in China in September 2016 and became available worldwide in 2017. TikTok was the most downloaded app worldwide in 2020, with an estimated 850 million new downloads. In the Netherlands, approximately 1.7 million people use TikTok, out of which 1 million are minors.

Recently, TikTok's privacy concerns have increased significantly. Under the Netherlands law and in the General Data Protection Regulation (GDPR), children are considered an extra vulnerable group because they are less aware of the consequences of their actions, especially when processing their personal data on social media.

Various European privacy regulators have taken measures against TikTok or have announced that they will investigate TikTok. In February 2019, the UK privacy regulator, the ICO, started an investigation into TikTok's GDPR violations. In May 2020, the Dutch Data Protection Authority also announced an investigation. In June 2020, the European Data Protection Board announced that it would set up a task force to investigate TikTok's privacy and security concerns. On January 22, 2021, the Italian privacy regulator ordered a ban on the use of data from users whose age has not been verified on TikTok as a consequence of a dangerous challenge in which a 10-year-old girl died.

It was recently revealed that TikTok was spying on millions of iPhone users. The application had been collecting important data such as the IP address, data provider, unique ID of each device, individual keystroke patterns and location data.

With an iOS 14 update, it became clear that TikTok had access to the so-called clipboard of the app user. This is a problem because it allows the app to see everything that iOS users input or copy to this “copy-paste” memory of their devices. This often concerns important and sensitive information.

TikTok is especially popular among children and young adults. TikTok is being investigated for the unlawful collection and processing of personal data of minors. This includes collecting information from children under the age of 16 without obtaining parental consent.

TikTok widely violates privacy and consumer laws and unlawfully exposes minors, including children under the age of 13, to harmful content. TikTok primarily violates the General Data Protection Regulation (GDPR) by failing to provide children with special protection. TikTok does not ask for parental consent where this is required and does not sufficiently take the compelling interests of children into account when processing data.

TikTok also does not comply with its transparency obligations arising from the GDPR. The lack of (part of) this information or the incorrect information about this means that the average consumer - minors and young teenagers - has insufficient insight into how TikTok handles their personal data.

The failure of TikTok to adhere to the main principles of the GDPR, including transparency, prevents users from effectively checking whether their personal data is being processed lawfully and severely restricts them from exercising their rights. In this sense, users lose control over their personal data. As a result, TikTok users, including minors, have suffered damage. SOMI, therefore, claims compensation for this damage from TikTok.

Also, SOMI is calling for better age verification and parental controls on TikTok and for the removal of unlawfully processed data from children under the age of 16. SOMI also wants TikTok to stop the misleading use of virtual currencies (so-called coins) and that TikTok is transparent about advertising in the app.

We estimate the damage per participant as follows: for children up to 13 years € 2,000, for children aged 13-15 € 1,000, and for children aged 16-17 years € 500. However, it ultimately up to the court to determine whether damage must be compensated and, if so, what the amount should be.

SOMI believes that this is a very strong case. Unfortunately, we cannot give any guarantees. TikTok can put forward an abundance of defenses which means a judge might have to rule that SOMI's claims should be reduced or rejected.

If an injured party desires to receive compensation, it can be done through a settlement or they will have to bring the case to court for a decision. In a large number of cases, the financial interest is too small to go to court individually, given the associated legal costs. A collective settlement is often the only practical way for a large group of injured parties to get their damage compensated.

SOMI makes this action possible by representing a large number of stakeholders. The Dutch Act on Collective damages claims (WAMCA) makes it possible for injured parties to litigate collectively regarding compensation or to reach a settlement. In term of efficiency and manageability, a collective settlement for the damage may be the most appropriate way. This avoids costs and efforts associated with conducting a large number of civil proceedings, where identical questions always have to be answered.

We will send you updates about your personal situation or contribution by e-mail or we will publish it on the encrypted area on my.somi.nl. Please also download and consult the personal information provided to you by our SOMI app on all collective actions by SOMI. It is your responsibility to notify us in a timely manner of any changes in your contact information and to keep the information about any possible substantive contributions to this campaign confidential. When a newsletter is published, we will send you a link to that newsletter. All other information will be published on this page.

The Claim Code 2019 is a form of self-regulation drawn up by the Claim Code Committee, after consultation with a large group of stakeholders. The Claim Code is not legally binding, however, the Claim Code does have a preventive and warning effect. The purpose of the Claim Code is to record the generally accepted views in the Netherlands regarding appropriate governance structure for claim foundations. One of the principles is that the collective representation of interests takes place on a non-profit basis by the organization or (legal) persons directly or indirectly associated with the claim, and that the interests are represented independently and free from conflicts of interest.

The General Data Protection Regulation (GDPR) is a European law that regulates the protection of personal data. The GDPR is based on principles that any processing of personal data must comply with. The basic principle is that personal data may only be processed for legitimate purposes. It must be clear for which purposes personal data are processed and how it is done. Depending on the intended use of the personal data, permission will also have to be acquired in advance, where it is appropriate.

Children are considered an extra vulnerable group in the General Data Protection Regulation (GDPR) because they are less aware of the consequences of their actions. This also applies to the processing of their personal data by social media such as TikTok. Therefore, Children are entitled to specific protection with regard to their personal data. This specific protection applies in particular to the use of personal data from children for marketing purposes, for the creation of personalized user profiles, and the collection of personal data about children when using (online) services provided directly to children.

Information specific to a child should be easily accessible through the use of clear and simple language. Most online services, including social networking platforms such as TikTok, require parental consent to process the personal data of a child under the age of 16.

Companies must also check whether the permission has actually been given. This may include verifying the age of the user. For example, asking a question that an average child cannot answer or requiring the child to provide their parents' email address for written consent.

The next step in this collective action is the introduction of an 'exclusive representative', to lead the proposed legal procedure, as there are now 3 separate actions filed against various TikTok entities. The exclusive representative – any single entity or combined collective of co-representing organizations plaintiffs – should be appointed by the Amsterdam court within three months from the date of entry of the claim in the central registry of the Council of Judiciary in the Netherlands. Accordingly, we hope for a decision by the end of the year in order to be able to continue our initiated civil litigation against TikTok expediently.

Once the court has decided on the representative organization – or appoints co-plaintiffs - and the scope of the class(es) involved has been determined, it will also be possible for (groups of) parties to ‘opt-out’ and to file claims against TikTok separately from the proposed collective action. It will also be possible for consumers outside The Netherlands to request an opt-in in order to join the ongoing litigation in this period.

SOMI is not cooperating with any process financier at this moment. Until now, all (procedural) costs have been borne by SOMI and its board. From the moment that the summons is served, SOMI will charge new participants a one-off registration fee of € 17.50. This amount will also be used to finance the case. SOMI does not rule out the possibility of attracting external financing at a later date. If this is the case, we will inform the judge and our supporters about this.

Until now, all (procedural) costs have been borne by SOMI and its board. From the moment that the summons is served, SOMI will charge new participants a one-off registration fee of € 17.50. This amount will also be used to finance the case.

If the claim is successful, SOMI will try to get all costs reimbursed from TikTok. We assume that this strategy will work. If the court does not grant this, SOMI will request the court to allow us to withhold up to a maximum of 20% of the compensation amount paid to you to cover its costs (minus the registration costs). SOMI, however, wants to do more for its supporters than just this collective action against TikTok. That is why we also claim in the proceedings that we may deduct a reasonable percentage from the damages awarded by the court as compensation for our services and to carry out other (future) representation of interests. This is in line with the 2019 Claim Code. The final percentage is determined by the judge in a reasonable manner, depending on the amount of the (legal) costs and the amount of the total compensation.

If the claim is not successful, you will not have to pay any fees. In that case, you have only paid the one-time registration fee if you registered with SOMI after the day of the summons.

SOMI represents all underage TikTok users in the Netherlands, including those who are not affiliated with us. These persons have not concluded a participant agreement with SOMI. If the claim is successful, SOMI will try to get all costs reimbursed from TikTok. We assume that this strategy will work. SOMI, however, wants to do more for its supporters than just this collective action against TikTok. That is why we also claim in the proceedings that we may deduct a reasonable percentage from the damages awarded by the court as compensation for our services and to carry out other (future) representation of interests. This is in line with the 2019 Claim Code. The final percentage is determined by the judge in a reasonable manner, depending on the amount of the (legal) costs and the amount of the total compensation.

If this is granted by the judge, we will withhold an equal percentage for all victims (whether they are affiliated with SOMI or not). In the end, everyone pays the same.

If the claim is not successful, you will not have to pay any fees. In that case, you have only paid the one-time registration fee if you registered with SOMI after the day of the summons.

SOMI is not working with external litigation funding at this moment, which means that all (procedural) costs have been borne by SOMI and its board members. Also, we had no way to truly anticipate the number of participants when we started our campaign. To cover subscription administration and verification of ID and legal standing when joining our TikTok litigation action, we instituted from the beginning of the campaign a one-time € 17,50 registration fee.

This € 17,50 registration fee shall be deducted from the (maximum) of 20% representation fee that our participants are held to pay to SOMI when any claim against TikTok is successful.

We want to do more for consumers than just this collective action against TikTok. That is why we claim 20% from the amount of damages awarded by the court to our participants: as compensation for our services so far and in order to carry out other (future) representations of interests.

In these proceedings, SOMI will only claim compensation for underage users of TikTok who reside in the Netherlands and have used TikTok after May 25, 2018. In order to participate, you must have used TikTok in the past as a minor or you must have the status as a representative of a minor(s) who has/have used TikTok. It is not possible for any minor to register for TikTok claim independently. You can sign up here.

You can participate in this collective action by filling in the online registration form. It is also possible to fill in the form for a minor of which you are the legal representative. It is important that you can later prove that you or the affected minor used TikTok after May 25, 2018, such as with the registration confirmation email sent by TikTok or by use of screenshots.

You can withdraw from the collective action free of charge within 14 days after registration without stating reasons by sending an e-mail to info@somi.nl. After that, you may cancel your participation without giving reasons with due observance of a notice period of 30 days. However, you will then owe the fee to SOMI should you receive any compensation from TikTok (partly or in whole) attributable to the events and acts by Tiktok as put forward by our proceedings.

SOMI is responsible for the processing of your personal data. It goes without saying that SOMI attaches great importance to privacy and data protection. SOMI processes your personal data as described in the privacy policy and in line with the General Data Protection Regulation (GDPR).

Yes, at this point, this is always possible. There is actually no WAMCA stipulation blocking participation in several consumer groups at once. Under the WAMCA, a court decision on the collective action is binding for all participants in The Netherlands that did not choose to opt-out of the action. Therefore, the fact that a participant is registered to more than one foundation that initiated any collective action against TikTok does not have any effects on the members in that class, provided them to do opt-out specifically. Should this change at any later time in litigation, we will notify you expressly before it becomes relevant.

The Foundation for Market Information Research (SOMI) is a non-profit organization set up to identify and influence issues of social importance. Among other things, SOMI is committed to protecting the fundamental rights of consumers and minors who use online services. For more information about SOMI, visit somi.nl.

SOMI was established as a discussion partner not only for the individual (s) who was involved in the event (s) by which many are or will be disadvantaged, but also as a discussion partner for the government and other parties; SOMI will also be able to act as the voice for groups of consumers in the media. In addition to disseminating knowledge, we also focus on advocacy through collective or individual lawsuits.

You can find the articles of association of SOMI here, on the website of SOMI.

The members of the Board of Directors and the Supervisory Board receive an hourly rate of € 75 for their work for the TikTok claim. More information about the organization of SOMI and about the Board of Directors and the Supervisory Board can be found here, on the website of SOMI.