Three foundations allege that TikTok unlawfully collected and used the data of Dutch users, especially children, and seek damages and injunctions. Stichting Take Back Your Privacy alone claims about €2B for children. On October 7, 2025, the Court of Appeal of Amsterdam admitted the claims not based on the General Data Protection Regulation (GDPR), including for non-material damages. It deferred the GDPR claims pending an EU ruling.
Latest development Feb 10, 2026
On February 10, 2026, the Court of Appeal of Amsterdam put off deciding whether to return the TikTok case to the district court. It chose to await the Supreme Court’s ruling in the Oracle and Salesforce collective action. It also set deadlines of March 24 and May 12, 2026, for submissions separating the data protection claims from the others.
Why it matters
The case will decide whether Dutch foundations can recover non-material damages for more than a million children in one action. It also tests how far Dutch courts can hear privacy claims against a platform run from Ireland.
Background
Since 2021, TikTok’s Irish operator and other TikTok and ByteDance companies have faced three collective actions in the District Court of Amsterdam. Stichting Take Back Your Privacy (TBYP), backed by the Dutch consumers’ association Consumentenbond, acts for users who were minors when they started using TikTok. It estimates their number at 1.2 to 1.6 million. It alleges excessive collection and trading of children’s data and breaches of privacy and consumer law. It claims €1,000 to €1,500 per child, about €2B in total. Stichting Massaschade & Consument (SMC) and Stichting Onderzoek Marktinformatie (SOMI) bring similar claims, and SOMI now also acts for adults.
On November 9, 2022, the district court held that it had jurisdiction. In judgments of October 25, 2023, and January 10, 2024, it held that claims for non-material damages could not be brought collectively. It appointed TBYP as exclusive representative for minors and SMC for adults. All three foundations appealed in April 2024, and TikTok cross-appealed, including on jurisdiction. The district court stayed its proceedings pending the appeal.
On October 7, 2025, the Court of Appeal of Amsterdam upheld Dutch jurisdiction over the claims not based on the General Data Protection Regulation (GDPR). It held those claims admissible, including the claims for non-material damages. It deferred its ruling on jurisdiction over the GDPR claims until the Court of Justice of the European Union rules in Case C-523/25. A case management hearing followed on January 26, 2026. On February 10, 2026, the court put off deciding whether to return the case to the district court. It chose to await the Supreme Court’s ruling in the Oracle and Salesforce collective action. The Supreme Court gave that ruling on July 17, 2026.
Timeline 9 events
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OrderCourt of Appeal awaits Supreme Court ruling before deciding on remittal
The court postponed deciding whether to return the case to the district court and set deadlines of March 24 and May 12, 2026, for further written submissions.
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HearingCourt of Appeal holds a case management hearing
The hearing addressed the further course of the case, possible settlement talks, and the substantive phase.
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AppealCourt of Appeal admits claims not based on EU data protection law
The court upheld Dutch jurisdiction over those claims, including for non-material damages. It deferred jurisdiction over the data protection claims until the EU Court of Justice rules in Case C-523/25.
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HearingCourt of Appeal of Amsterdam hears the appeals
The hearing took place on April 2 and 3, 2025.
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AppealFoundations appeal the district court’s rulings
The three foundations appealed on April 9 and 10, 2024, including over the exclusion of non-material damages. TikTok cross-appealed, including on jurisdiction.
Rechtspraak register: TBYP notice of appealCourt of Appeal of Amsterdam, ECLI:NL:GHAMS:2025:2666
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JudgmentDistrict court appoints exclusive representatives for minors and adults
Take Back Your Privacy was appointed for users who were minors and Stichting Massaschade & Consument for adult users.
Rechtspraak: interim judgment of January 10, 2024Stichting Massaschade & Consument
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JudgmentDistrict Court of Amsterdam rules on jurisdiction and admissibility
The court held that non-material damages claims could not be bundled and set conditions before ruling on two foundations’ admissibility.
Take Back Your Privacy: TimelineCourt of Appeal of Amsterdam, ECLI:NL:GHAMS:2025:2666
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JudgmentDistrict Court of Amsterdam holds it has jurisdiction over TikTok claims
The court accepted jurisdiction in all three collective actions and refused a request to stay them.
District Court of Amsterdam, judgment of November 9, 2022, ECLI:NL:RBAMS:2022:6488 (open data)Take Back Your Privacy: Timeline
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FilingFoundations begin collective actions against TikTok in Amsterdam
Stichting Onderzoek Marktinformatie served the first summons on June 1, 2021. Take Back Your Privacy followed on August 30, 2021, and Stichting Massaschade & Consument on September 3, 2021.
District Court of Amsterdam, judgment of November 9, 2022, ECLI:NL:RBAMS:2022:6488 (open data)Rechtspraak: central register of collective actionsTake Back Your Privacy: Timeline