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Netherlands: TBYP announces ruling in favour of action against TikTok

The Take Back Your Privacy Foundation ('TBYP') announced, on 9 November 2022, that the Amsterdam District Court ruled in favour of the TBYP's action against TikTok Inc., regarding the company's use of personal data. In particular, the TBYP detailed that TikTok had argued that the Dutch court could not rule on the claims of the TBYP because TikTok is not established in the Netherlands. On this point, the TBYP explained among other things, that the District Court ruled that it has jurisdiction over the claim against TikTok, and rejected TikTok's requests to submit preliminary questions to the European Court of Justice, and to appeal.

In addition, the TBYP outlined that by 21 December 2022 it must file a deed explaining why it should be appointed as an exclusive representative. Further, the TBYP provided that it has acted with the Consumer's Association, alleging that TikTok has unlawfully collected and traded Dutch users' personal data in violation of European data protection laws.

You can read the statement, only available in Dutch, here.