Dutch court paves the way for compensation claims based on privacy violations
The Court of Appeal in Amsterdam has issued a historic ruling paving the way for collective lawsuits seeking compensation for privacy violations. This decision is an important step towards accelerating and facilitating the handling of collective cases related to personal data protection.
The new ruling allows groups of users to file compensation claims if they feel their privacy rights have been violated by companies like TikTok. The Amsterdam District Court had previously ruled that institutions were not allowed to file class actions related to moral damages, but the appeals court overturned this decision, considering that combining material and moral claims in a single case is more efficient.
Femke Hendriks, the head of The Privacy Collective and ANCB, welcomed the decision and described it as "good news." She emphasized that she has long advocated for a more efficient system for handling class actions since the Netherlands allowed such cases in 2020. She added that this ruling will make the processing of class actions related to moral damages or privacy violations much faster.
This decision directly affects the ongoing case against TikTok. In January 2024, Amsterdam judges allowed three Dutch organizations to file a lawsuit against the social media company if negotiations fail to reach an out-of-court settlement. The organization Take Back Your Privacy will represent children in the case, while Massaschade & Consument will represent adults, and the Somi organization is also involved but not as a main party.
Under the new ruling, these institutions and TikTok will hold a new session to determine the next legal steps. Experts have described this decision as a 'turning point' that enhances privacy protection in the Netherlands, and it is expected to have a wide impact on similar cases in Europe.