On July 30, 2024, Take Back Your Privacy Foundation - supported by the Consumers Union - explained to the Amsterdam Court of Appeal why it has filed an appeal in the TikTok case. Take Back Your Privacy does this because it wants to secure all possibilities for compensation for its supporters. Take Back Your Privacy also believes that TikTok users who created a TikTok account after Nov. 9, 2022, should be allowed to participate in the TikTok action.
On January 10, 2024 ruled the Amsterdam District Court that Take Back Your Privacy may represent the interests of over 1.5 million Dutch children in the mass tort claim against TikTok.
But the court also ruled that Take Back Your Privacy cannot seek immaterial damages for all children at once. In addition, the court found that the TikTok action can only be conducted for Dutch children who created a TikTok account between May 25, 2018 and November 9, 2022. This means that all children who created an account after that would no longer be able to participate in the TikTok action.
Take Back Your Privacy disagrees with the court's ruling. Indeed, in a recent case against Salesforce and Oracle, the court ruled that a foundation such as Take Back Your Privacy should be able to seek immaterial damages for very many people at the same time. Take Back Your Privacy also considers it important that all Dutch children with a TikTok account can continue to sign up for the TikTok action. After all, TikTok continues to violate their privacy.
The other foundations that took action against TikTok (Mass Tort & Consumer Foundation and Market Information Research Foundation) also appealed the ruling.
Friederike van der Jagt, president of Take Back Your Privacy: 'TikTok must fully compensate Dutch children for the serious violations of privacy and consumer rights. Take Back Your Privacy also stands up for all Dutch minor TikTok users: past, present and future users. That is what we are fighting for on appeal.
Take Back Your Privacy would like the substantive hearing of the TikTok case to proceed quickly so that TikTok finally responds substantively to Take Back Your Privacy's allegations. But TikTok is delaying the proceedings and wants a pause until the appeal is decided. On Oct. 2, 2024, all parties will be allowed to let the court know how they envision the continuation of the case.
Parents can still sign up for the TikTok action.
