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Irish Times
3 days ago
- Business
- Irish Times
TikTok seeks stay on suspension of data transfer to China decision
TikTok is to ask the High Court to halt a suspension of data transfers to China within six months under a decision made in early May by the Data Protection Commission (DPC). On May 2nd, the DPC announced it had made a final decision in its inquiry into the lawfulness of transfers by TikTok Technology Ltd' of personal data of users of the TikTok platform to the People's Republic of China from countries in the European Economic Area (EEA) which includes all the EU along with Iceland, Liechtenstein, and Norway. DPC commissioners Dr Des Hogan and Dale Sunderland found that TikTok infringed the GDPR regarding its transfers and regarding its transparency requirements. The DPC imposed fines totalling €530 million and ordered TikTok to bring its processing into compliance within six months, including suspending the transfers to China if this was not done within that time frame. READ MORE On Thursday, Emily Egan McGrath SC, for TikTok, told Mr Justice Mark Sanfey her client was seeking that the case be admitted to the fast track Commercial Court as it was an urgent matter. She said the damage the decision will cause to her client 'was very significant' and they were looking for an order putting a stay on the suspension of data transfer decision. Kelley Smith SC, for the DPC, said there was a significant volume of papers in the case and her side had not had a chance to look at the documents. However, she did not imagine there would be any objection to the application to enter the case into the commercial list. Mr Justice Sanfey said he thought there might not be opposition to the admission to the commercial list but it may be that the DPC will take a different tack. He said there were difficulties in relation to fixing a hearing over the stay on the suspension decision in terms of judges being tied up in other cases in the coming weeks but he would hear the application to admit the case to the Commercial Court next week.
RTÉ News
02-05-2025
- Business
- RTÉ News
Breaking TikTok fined €530m by Irish data watchdog over transfers of user data to China
The Irish Data Protection Commission (DPC) has fined video-sharing app TikTok €530 million over the transfer of the personal data of European users to China. The DPC has also said it had been provided with inaccurate information by the Chinese-owned platform. Throughout the investigation, TikTok told the DPC that it did not store European user data on servers located in China. However, in April 2025, TikTok informed the DPC of an issue that it had discovered in February 2025 where limited European user data had in fact been stored on servers in China, contrary to TikTok's evidence to the inquiry. "TikTok informed the DPC that this discovery meant that TikTok had provided inaccurate information to the inquiry," the DPC said. The investigation into TikTok was launched in September 2021 to examine the lawfulness of the platform's transfers of personal data of users in the European Economic Area (EEA) to China. The Commissioners for Data Protection, Dr Des Hogan and Dale Sunderland, found that TikTok had infringed the General Data Protection Regulation (GDPR) because it failed to verify, guarantee and demonstrate that the personal data of European users, remotely accessed by staff in China, was afforded a level of protection essentially equivalent to that guaranteed within the EU. As well as the €530m fine, the decision includes an order requiring TikTok to bring its processing into compliance within six months. The ruling also includes an order suspending TikTok's data transfers to China if processing is not brought into compliance within this timeframe. "As a result of TikTok's failure to undertake the necessary assessments, TikTok did not address potential access by Chinese authorities to EEA personal data under Chinese anti-terrorism, counter-espionage and other laws identified by TikTok as materially diverging from EU standards," said DPC Deputy Commissioner Graham Doyle. "The DPC is taking recent developments regarding the storage of EEA user data on servers in China very seriously," Mr Doyle said. "Whilst TikTok has informed the DPC that the data has now been deleted, we are considering what further regulatory action may be warranted, in consultation with our peer EU Data Protection Authorities," he added. The DPC submitted a draft decision to its fellow European data watchdogs in February and no objections were raised. Project Clover In March 2023 TikTok announced 'Project Clover', a plan to address to concerns about data security. It involves European user information being stored at two data centres in Dublin and at a third centre in Norway. In its ruling today, the DPC said it considered the ongoing changes brought about under Project Clover. "Notwithstanding these changes, the DPC found that it is appropriate, necessary and proportionate to order the suspension of the data transfers and to order TikTok to bring its processing operations into compliance with Chapter V of the GDPR following a period of 6 months from the period allowed for an appeal against the DPC's final Decision," the DPC said.
