Noyb Alleges TikTok and Others Breach GDPR by Sending Data to China
Austrian advocacy group Noyb has filed a privacy complaint against several Chinese companies, including TikTok, Shein, and Xiaomi, alleging that these firms unlawfully transfer European Union user data to China. This complaint marks Noyb’s first action against Chinese entities, although the organization is known for its previous efforts against American tech giants like Apple, Alphabet, and Meta, resulting in significant fines and investigations. Noyb has submitted complaints in multiple EU countries, including Greece, the Netherlands, Belgium, Italy, and Austria, seeking to halt data transfers to China and impose fines that could reach 4% of a company’s global revenue.
Noyb claims that companies such as Alibaba’s AliExpress, Shein, TikTok, and Xiaomi have acknowledged sending personal data of European users to China in their transparency reports. Other firms, including Temu and Tencent’s WeChat, are accused of transferring data to unspecified “third countries,” likely referring to China. The Chinese government has responded by asserting that it does not require companies to collect or share data from foreign territories in violation of local laws, emphasizing its commitment to data privacy and security.
Under the European Union’s General Data Protection Regulation (GDPR), data transfers outside the EU are permitted only if the receiving country offers adequate data protection. Noyb highlights concerns regarding China’s status as an authoritarian surveillance state, arguing that it does not provide the same level of data protection as the EU. The organization insists that transferring personal data of EU citizens to China is unlawful and must cease immediately.
Chinese companies, particularly TikTok, have faced scrutiny from regulators worldwide. TikTok is preparing to suspend its app for U.S. users in response to an impending federal ban. Additionally, the European Commission is investigating TikTok for its alleged failure to prevent election interference during the Romanian presidential vote in November.
