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Netherlands: AP fines TikTok €750,000 for violating children's privacy

The Dutch data protection authority ('AP') announced, on 22 July 2021, its decision to impose a fine of €750,000 against TikTok Inc. In particular the decision outlines that TikTok, from 25 May 2018 to 28 July 2020, provided its privacy notice in English to Dutch users, including children, which violates Article 12(1) of the General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR') for failing to provide an adequate explanation of how TikTok collects, processes, and uses personal data.

Moreover, the AP confirmed that the violations of the privacy statement fell outside the scope of Opinion 8/2019 on the Competence of a Supervisory Authority in Case of a Change in Circumstances Relating to the Main or Single Establishment (9 July 2019) as the violations ended before 29 July 2019, the date that TikTok headquartered in Ireland, and for that reason the AP remains authorised to take a decision for the violation and impose a sanction. However, the AP highlighted that it is transferring the various results of their investigations to the Irish Data Protection Authority to make a final decision.

Finally, the AP noted that TikTok has appealed the fine.

You can read the press release here and the decision here, both only available in Dutch.