TikTok and X are facing groundbreaking German class actions

Veröffentlicht am 1. Juli 2025

Social media platforms TikTok and X (formerly Twitter) are facing landmark cross-border class actions in Germany over alleged violations of the GDPR, DSA, and the new AI Act. White & Case is advising the tech giants as they confront a legal challenge that could reshape data liability standards across Europe.

In what may be one of the first legal tests of Europe’s evolving digital governance framework, TikTok and X are now defendants in a series of German class actions filed by SOMI (Stichting Onderzoek Marktinformatie), a Dutch non-profit authorised to bring representative actions under EU Directive 2020/1828 (the Collective Redress Directive).

The suits target alleged systemic breaches of several core EU digital laws: the General Data Protection Regulation (GDPR), the Digital Services Act (DSA), and the newly ratified Artificial Intelligence Act (AI Act).

Allegations: profiling, manipulation & data exploitation

The complaints, coordinated by German law firm Spirit Legal, outline specific violations:

  • TikTok is accused of deploying addictive design to manipulate young users, unlawfully harvesting sensitive data for algorithmic profiling, and engaging in covert surveillance through its in-app browser — conduct potentially prohibited under the AI Act’s ban on manipulative AI systems.

  • X is charged with failing to report data breaches, neglecting user notification duties, and processing personal data for content recommendations without a legal basis.

  • Both platforms are alleged to enable disinformation and deepfake content, particularly during electoral cycles, thereby threatening democratic integrity.

Seeking Compensation and Compliance

SOMI’s demands include:

  • A ban on personalised advertising based on unlawful profiling;

  • Stronger protections for minors against harmful content;

  • Enforcement of safeguards against electoral interference;

  • Financial compensation of up to €2,000 per claimant under 21 using TikTok (with an estimated 20 million German users), and up to €1,000 per user of X (with approximately 11 million users in Germany).

Under the Collective Redress Directive, such actions can pursue both injunctive relief and damages — raising the stakes for platform accountability and compliance in the EU.

White & Case is reportedly acting as legal counsel for TikTok and X in Germany. The cases are seen as test beds for how regulators and courts will apply sweeping digital laws designed to curb tech excesses and protect user rights in the AI era.

With the DSA, GDPR and AI Act now converging, the outcome could have implications far beyond Germany — potentially influencing enforcement strategy and legal exposure for major platforms across the EU.

By Sophie Stevenard
Senior Editor DACH, Leaders League