The European Union initiates investigation into TikTok's data transfer to China, examining GDPR compliance

The European Union initiates investigation into TikTok's data transfer to China, examining GDPR compliance

The European Union has launched a new investigation into TikTok's data transfer practices, focusing on compliance with the General Data Protection Regulation (GDPR). The move follows revelations that the company had stored limited European users' data in China, contradicting its earlier claims [1].

The investigation, initiated by Ireland's Data Protection Commission (DPC), aims to determine whether TikTok has adhered to its GDPR obligations regarding data transfers to China. The DPC noted that TikTok's earlier assurances about data storage were inaccurate, leading to a €530 million fine in April 2025 [2].

TikTok has been under scrutiny for its data handling practices, particularly concerning the transfer of user data to China. The company has previously maintained that European user data was only accessed remotely by staff in China, but later admitted to storing some data on Chinese servers [1].

The new inquiry will assess TikTok's compliance with several GDPR provisions, including Articles 5(2) (accountability), 13(1)(f) (transparency on international transfers), 31 (duty to cooperate with regulators), and the requirements of Chapter V, which governs transfers to third countries [2].

Under GDPR, companies transferring personal data outside the European Economic Area (EEA) must ensure that the destination country provides a level of protection "essentially equivalent" to that of the EU. China is not among the countries that have received an "Adequacy Decision" from the European Commission [2].

The investigation comes at a time when TikTok faces other regulatory challenges. The company recently lost the first round of its appeal against a £12.7 million penalty imposed by the UK Information Commissioner's Office in 2023 [3].

References:
[1] https://apnews.com/article/tiktok-european-union-data-privacy-gdpr-5f1dcb8187a1c90c1ea10c287beb06f2
[2] https://gript.ie/tiktok-in-irish-data-probe-over-china-data-use/
[3] https://www.decisionmarketing.co.uk/news/tiktok-back-in-the-dock-over-data-transfers-to-china