TikTok fined €530 million for transferring EU user data to China
Ireland's privacy watchdog fined TikTok 530 million euros for sending user data to China.
Quick overview
- Ireland's Data Protection Commission fined TikTok 530 million euros for violating GDPR by transferring European user data to China.
- The DPC warned that TikTok must comply with data processing regulations within six months or face a suspension of data transfers to China.
- TikTok misled the investigation by initially claiming it did not store European user data on Chinese servers, later admitting to a small amount being stored there.
- TikTok is appealing the ruling, arguing that it does not account for its recent data security measures under Project Clover.
Ireland’s privacy watchdog fined TikTok 530 million euros for sending user data to China. The Irish Data Protection Commission (DPC), which oversees TikTok’s privacy in the EU, declared that the company had violated the GDPR data protection law by sending user data from Europeans to China.
The regulator stated that if TikTok does not comply with its order to bring its data processing into compliance within six months, it will suspend the company’s transfers to China.
In a statement released Friday, Graham Doyle, deputy commissioner at the DPC, said, “TikTok’s data transfers to China violated the GDPR because TikTok failed to verify, guarantee, and demonstrate that the personal data of EEA users, remotely accessed by staff in China, was afforded a level of protection essentially equivalent to that guaranteed within the EU.”
“TikTok failed to conduct the required assessments, which resulted in TikTok failing to address the possibility of Chinese authorities gaining access to EEA personal data under Chinese anti-terrorism, counter-espionage, and other laws that TikTok identified as materially deviating from EU standards,” he continued.
The DPC also discovered that TikTok had misled its investigation when it stated that it had not kept European users’ data on Chinese servers. Contrary to its earlier claims, TikTok told the regulator this month that it had found a problem in February where a small amount of European user data was kept on servers located in China. In consultation with its fellow EU data protection authorities, the DPC evaluated whether additional regulatory action is necessary, stating that it takes the matter “very seriously.”.
TikTok is appealing against the ruling because it disagrees with the Irish regulator.
TikTok’s head of public policy and government relations for Europe, Christine Grahn, claimed in a blog post on Friday that the decision did not consider Project Clover, a 12-billion-euro data security project designed to safeguard European users’ data.
According to Grahn, “it does not reflect the safeguards currently in place and instead focuses on a select period from years ago, before Clover’s 2023 implementation.”. She continued, “The DPC itself noted in its report what TikTok has repeatedly stated: it has never been asked for European user data by the Chinese authorities and has never given them European user data.”.
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