JAKARTA - TikTok, Shein, Xiaomi, and three other Chinese companies were subjected to privacy complaints filed by Austrian advocacy group Noyb on Thursday 16 January. The complaint accused these companies of illegally sending EU user data to China.
Noyb stands for "None Of Your Business," known for frequently filing complaints against American companies such as Apple, Alphabet, and Meta. The complaints have sparked a number of investigations and billions of dollars in fines. However, this is the first time Noyb has filed a complaint against companies from China.
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The Vienna-based group has filed six complaints in four European countries to stop data transfers to China and demand a fine that could reach 4% of the company's global revenue.
Noyb mentioned that e-commerce platform Alibaba AliExpress, retailer Shein, TikTok, and mobile phone manufacturer Xiaomi admitted to sending European users personal data to China. Meanwhile, retailer Temu and messaging app Tencent WeChat transferred data to an undisclosed "third country", but it is strongly suspected that China.
Under EU privacy rules, General Data Protection Regulation (GDPR), data transfers outside the European Union are only permitted if destination countries can provide equivalent data protection.
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"China, as an authoritarian country with strict surveillance, clearly does not offer the same level of data protection as the European Union," said Kleanthi Sardeli, a data protection attorney at Noyb. "The private data transfer of users of Europe is clearly against the law and must be stopped immediately."
Chinese companies, particularly TikTok owned by ByteDance, have often faced regulators in various countries. TikTok even plans to close access to its app for users in the United States on Sunday, following the federal ban that will be imposed on the social media app.
In Europe, the European Commission is also investigating TikTok for alleged failure to limit election interventions, particularly regarding the Romanian presidential election last November.
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