EU accuses TikTok of transferring data to China: details

Katerina Melnychenko
Katerina Melnychenko Deputy Editor-in-Chief
EU accuses TikTok of transferring data to China: details
The Irish regulator wants TikTok to shut off data flows to China. | CFOTO/Future Publishing via Getty Images
TikTok has launched a legal battle in Ireland against the EU regulator over the transfer of European users' personal data to China. The case could be an important test for data protection rules in the European Union.

This was reported by Politico.

TikTok has initiated legal proceedings in Ireland, challenging the decision of the local data protection regulator.

The case concerns a €530 million fine imposed by the Irish Data Protection Commission after an investigation into the platform's activities.

The regulator found that TikTok employees in China had access to European users' data. At the same time, according to the regulator's conclusion, the company was unable to prove that this data was adequately protected.

The Irish Data Protection Commission is demanding that the transfer of personal data to China be stopped if TikTok cannot guarantee its security from Chinese surveillance and intelligence laws.

Hearings in the case have begun in Dublin and may last about ten days.

According to TikTok's senior lawyer Paul Gallagher, complying with the regulator's requirements could cost the company up to €5 billion.

If the court upholds the regulator's position, TikTok may be forced to stop transferring data to China in order to continue working with users in Europe.

During the investigation, it was found that company employees in China had remote access to some of the European users' data. This could include account names, activity data, and other profile information.

TikTok claims that Chinese laws do not apply to this data because it is stored outside China. The company also emphasises that it has not received any requests from the Chinese authorities to transfer user data.

TikTok previously unveiled its €12 billion Project Clover programme, which involves storing European user data in data centres in Europe under the control of local security operators.

The case is seen as one of the most important tests for the European General Data Protection Regulation (GDPR), which sets out the rules for processing user information in the EU.

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