First-tier Tribunal (General Regulatory Chamber) [2025] UKFTT 00798 (GRC)
3 July 2025
The FTT has determined a preliminary issue in TikTok’s appeal against a Monetary Penalty Notice dated 4 April 2023, by which the Commissioner imposed a penalty of £12.7m for breaches of Articles 5(1)(a), 8, 12 & 13 of the UK GDPR during the period 25 May 2018 to 28 July 2020.
TikTok argued that the Commissioner had acted outside his powers because, since the TikTok platform is designed to promote creativity, the MPN was given with respect to processing for the special purposes (in particular, artistic purposes), yet the Commissioner had not followed the special procedure under Data Protection Act 2018 s 156 that applies in such cases.
The FTT disagreed, holding that the only processing in respect of which the MPN was given was the processing of the personal data of children under 13 and that, since TikTok’s terms of service did not permit such children to use its platform, TikTok was not processing their data for the purposes of facilitating their use of the platform at all (whether or not the processing of other users’ data might be for the special purposes). The FTT further held that, insofar as the MPN found TikTok in breach of Articles 12 & 13 for failing to provide sufficiently clear information to its users, it was made with respect to breaches of procedural obligations, not with respect to any processing of personal data.
Unless TikTok appeals against the determination of the preliminary issue, the FTT will now proceed to consider the substantive appeal against the findings of breach and the level of penalty.
Aidan Eardley KC acts for TikTok, with Anya Proops KC and Zac Sammour
The decision is available here.
