A short note on the claim form for the collective claim by a group of parents based in The Netherlands against TikTok Technology Limited, domiciled at Dublin, Ireland. It engages Article 79 GDPR, as well as the consumer section of Brussels Ia. At the applicable law level, it suggests application of Article 6 Rome I (consumer contracts; a logical counterpart of the jurisdictional analysis) and, in subsidiary fashion, Article 4 Rome II, each to suggest application of Dutch law.
I wrote on Article 79 here, and the problems which I signalled have in the meantime surfaced in case-law, as I signalled ia here. Current case prima facie may not be entirely straightforward under GDPR, BIa and Rome I – one imagines a possible TikTok’s defence to go ia towards the meaning of ‘establishment’.
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