Noyb files privacy complaint against TikTok, Shein, Xiaomi, and other Chinese firms over unlawful data transfers to China. Find out more about this legal action.
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| TikTok and five other Chinese companies face EU privacy complaints for transferring European user data to China. Discover the details of the Noyb complaint. Image/ Illustration: ChicHue |
Washington, DC, USA — January 17, 2025:
TikTok, Shein, Xiaomi, and four other Chinese companies have been named in a privacy complaint filed by the Austrian advocacy group Noyb. The complaint, lodged on Thursday, alleges that these firms are unlawfully sending European Union (EU) user data to China, violating EU privacy laws.
Noyb, an organization known for holding major American tech firms like Apple, Google, and Meta accountable for privacy violations, is making its first move against Chinese companies. The advocacy group is demanding that the EU suspend data transfers to China and impose fines of up to 4% of a company's global revenue.
Noyb’s complaint includes claims against prominent Chinese companies, such as the e-commerce giant Alibaba's AliExpress, fashion retailer Shein, social media platform TikTok, and smartphone manufacturer Xiaomi. According to the group, these companies have admitted in their transparency reports and other documents to transferring Europeans' personal data to China. Furthermore, the complaint also mentions Temu and Tencent's WeChat, which are believed to be sending data to undisclosed "third countries," likely China.
The Chinese government has responded to the allegations, with foreign ministry spokesperson Guo Jiakun asserting that China "has never and will never" request data from foreign entities in a manner that violates local laws. Guo emphasized that China values and protects data privacy and security according to its national laws.
A Xiaomi spokesperson responded to the complaint, stating that the company is reviewing the allegations and will cooperate fully with authorities if they decide to investigate the matter. Other companies named in the complaint have not yet commented on the issue.
Under the EU's General Data Protection Regulation (GDPR), data transfers to countries outside the EU are only allowed if the destination country's laws do not undermine data protection. Noyb's data protection lawyer, Kleanthi Sardeli, criticized China's data security standards, stating, "Given that China is an authoritarian surveillance state, it is crystal clear that China doesn't offer the same level of data protection as the EU. Transferring Europeans' personal data is clearly unlawful – and must be terminated immediately."
The complaint comes at a time when Chinese companies, particularly ByteDance-owned TikTok, are facing mounting scrutiny from global regulators. In the U.S., TikTok is preparing to shut down its app for American users as a federal ban is set to go into effect on Sunday. Additionally, the European Commission is investigating TikTok over potential failures to limit election interference, particularly in Romania's presidential election last November.
This legal action reflects growing concerns over the privacy and security of personal data as governments increasingly grapple with the influence of foreign tech giants in their territories.