TikTok: Court Rules Parental Consent Needed for Data Use of Young Users in Germany

A German court has ruled that TikTok cannot process the data of users between the ages of 13 and 16 for marketing or advertising purposes without parental consent. The decision, handed down by the Berlin Regional Court II, partially sided with arguments presented by the Federation of German Consumer Organisations (vzbv), which had filed a lawsuit against the company.

Court Highlights Incentive for False Information

The court determined that there is a significant incentive for users aged 13 to under 16 to falsely state their age as 16 or older during registration. By doing so, they gain access to the platform without the restrictions placed on younger users. The ruling, dated December 23rd, also found that TikTok’s current age verification process during registration does not meet the requirements of the General Data Protection Regulation.

Did You Know? TikTok’s own policy states that users must be at least 13 years old to use the platform, and certain features are unavailable to those under 18.

The court specifically prohibited TikTok from processing personal data of users in this age range for sending marketing messages or displaying personalized advertising, unless parental consent is obtained based on the current registration process. Failure to comply could result in fines of up to 250 million euros.

Consumer Protection Groups to Remain Vigilant

Ramona Pop, a board member of the vzbv, stated, “Such careless control is irresponsible.” While the court did not agree with the vzbv’s request to ban parts of TikTok’s privacy policy—specifically regarding the collection of “keystroke patterns” and user interaction data—the consumer group has filed an appeal with the Berlin Court of Appeal regarding those aspects of the ruling.

Expert Insight: This ruling underscores the growing scrutiny of social media platforms regarding data privacy, particularly concerning younger users. The court’s emphasis on the ease with which age restrictions can be circumvented highlights the challenges of enforcing age-appropriate online experiences.

The court’s decision is not yet legally binding. TikTok could potentially modify its age verification procedures to comply with the ruling. Alternatively, the company may challenge the decision further through the appeals process. It is also possible that other jurisdictions may consider similar legal actions.

Frequently Asked Questions

What prompted this court ruling?

The Federation of German Consumer Organisations (vzbv) filed a lawsuit arguing that TikTok’s age verification process was inadequate and allowed users under 16 to be targeted with marketing and advertising without parental consent.

What are the potential consequences for TikTok if they don’t comply?

TikTok could face fines of up to 250 million euros for non-compliance with the court’s ruling.

What part of the vzbv’s complaint did the court not agree with?

The court did not prohibit TikTok from collecting data regarding “keystroke patterns” and how users interact with others, finding these to be “unilateral factual indications” rather than contractual terms.

How might this ruling influence data privacy regulations for social media platforms in other countries?