Press release: Class Actions Filed Against TikTok and X in Germany: A Test for the DSA, GDPR, and AI Act
Spirit Legal represents the Dutch Foundation for Market Information Research (SOMI) in multi-billion cross-border lawsuits for injunctive relief and damages
Berlin/Leipzig/Amstelveen, February 5, 2025 – The law firm Spirit Legal is representing the Dutch Foundation for Market Information Research (Stichting Onderzoek Marktinformatie, SOMI) in four cross-border class actions filed in Germany against TikTok and X (formerly Twitter). The lawsuits address violations of German and EU law, particularly the Digital Services Act (DSA), the General Data Protection Regulation (GDPR), and the new AI Act. In addition to demanding an immediate cessation of unlawful practices by both platforms, the lawsuits seek multi-billion-euro damages.
Violations by TikTok
TikTok deliberately manipulates young users and misuses sensitive data to fuel its recommendation algorithms. The platform deploys addictive design strategies that exploit behavioral psychology to maximize user engagement. The personalization of recommendation systems based on the most intimate personal data endangers the mental health of children and adolescents. With this exploitative system design, TikTok falls under the new prohibition on manipulative, deceptive, and exploitative AI systems introduced with the AI Act, which came into force in early February. Additionally, TikTok illegally spied on users who used its in-app browser.
Violations by X
X has repeatedly failed to report significant data breaches, did not inform affected users, and has not provided compensation. Furthermore, X processes sensitive user data to power its recommendation algorithms—without any legal basis. This level of deep personalization undermines the free formation of opinions and contributes to increasing societal polarization.
Common Violations by Both Platforms
Both TikTok and X facilitate the spread of disinformation, deepfakes, and misleading content, particularly during election periods, where they can manipulate public opinion. Political content is often covertly sponsored, financed from abroad, or disseminated without clear labeling. These practices constitute serious violations of German and EU laws, particularly the Digital Services Act (DSA), the GDPR, and the AI Act. The lawsuits seek to halt illegal practices and hold TikTok and X financially accountable.
Key Demands of the Lawsuits
- Ban on unlawful profiling: No processing of sensitive personal data (e.g., health, political opinions, religion, or sexual orientation) for personalized content and advertising. Such microtargeting violates the right to informational self-determination and poses risks to democracy, health, and security.
- Stronger child and youth protection measures: Protection from harmful content, particularly from dangerous “challenges” that pose life-threatening risks.
- Effective measures against disinformation and foreign interference: Stricter controls on disinformation and foreign influence operations to safeguard the integrity of democratic elections.
- Financial compensation for affected users:
- TikTok: Compensation ranging from €500 to €2,000 per user, with approximately 20 million users in Germany.
- X: Compensation between €750 and €1,000 per user, with an estimated 11 million users in Germany.
Registration for Affected Users
Affected users will soon be able to register free of charge with the Federal Office of Justice in Bonn via the class action register. Additionally, users can sign up directly via SOMI’s platforms and the SOMI app.
For queries:
Peter Hense, Partner
classactions@spiritlegal.com
About Spirit Legal:
Spirit Legal is a law firm specializing in digital legal matters and collective litigation. The firm represents SOMI in the collective enforcement of European data protection and platform regulations.
