EU Commission Answer to a written question - TikTok

Answer to a written question - TikTok - E-003875/2019(ASW)
See question(s) : E-003875/2019
16 March 2020
E-003875/2019

Answer given by Mr Reynders
on behalf of the European Commission

Question reference: E-003875/2019

The General Data Protection Regulation (GDPR)(1) applies to the processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union, or to processing by a controller or processor not established in the Union where the processing activities are related to the offering of goods or services to individuals in the Union or the monitoring of their behaviour within the Union.

Where information society services process personal data of individuals in the EU on the basis of consent, they need to verify whether those individuals are children below the age of 16 years. Member States may provide by law for a lower age. In such case, information society services must make reasonable efforts to verify that consent is given or authorised by the holder of parental responsibility over the child, taking into consideration available technology.

Without prejudice to the powers of the Commission as guardian of the Treaties, the monitoring and enforcement of the application of the data protection legislation falls primarily under the competence of independent data protection authorities and courts. It is therefore for the competent national data protection supervisory authorities to assess whether the processing of personal data carried out by TikTok is compliant with the requirements of the GDPR. The Commission has not been in touch with the European Data Protection Board or data protection authorities on this matter.

No investigation on the security risks of TikTok has been launched from the Commission’s side.

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(1) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), OJ L 119, 4.5.2016, p. 1-88.

Last updated: 16 March 2020

Source : © European Union, 2020 - EP

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