16.01.2025
Oleg Tkachenko
Author and expert at Traders Union
16.01.2025

Noyb accuses TikTok and Xiaomi of confidentiality breach

Noyb accuses TikTok and Xiaomi of confidentiality breach Noyb accuses TikTok, Shein, and Xiaomi of unlawfully sending EU data to China

​Austrian privacy advocacy group Noyb has filed a complaint targeting several prominent Chinese companies, accusing them of unlawfully transferring European Union (EU) user data to China.

The complaint, submitted on Thursday, names companies such as TikTok, Shein, Xiaomi, and others, alleging violations of EU privacy regulations under the General Data Protection Regulation (GDPR), reports Reuters.

Noyb Challenges Chinese Firms on EU Data Privacy

This marks Noyb's (None Of Your Business) first such action against Chinese companies, which are accused of breaching EU privacy laws that restrict the export of personal data to countries with weaker data protection laws. 

According to Noyb, companies including the e-commerce giant Alibaba, its site AliExpress, TikTok, Shein, and Xiaomi have openly admitted to sending users' personal data to China. Additionally, the popular Chinese retailer Temu and Tencent's WeChat are accused of transferring data to undisclosed “third countries,” likely China.

Under GDPR, data transfers outside the EU are only permitted if the receiving country ensures data protection equivalent to the EU's standards. Noyb argues that China, described as an "authoritarian surveillance state," does not meet these standards, making such transfers unlawful. 

"It is crystal clear that China doesn't offer the same level of data protection as the EU," said Kleanthi Sardeli, a data protection lawyer at Noyb. The group is calling for the immediate suspension of these data transfers and is seeking fines that could reach up to 4% of a company’s global revenue.

TikTok’s Ongoing Regulatory Challenges

The complaint comes as TikTok, owned by China’s ByteDance, faces increasing scrutiny from global regulators. The app is set to be banned in the United States starting Sunday, in response to national security concerns, and is under investigation by the European Commission for its failure to prevent election interference during Romania's presidential vote in November. 

These regulatory pressures further highlight the growing concerns about the handling of personal data and security, especially regarding Chinese tech companies operating in the West.

Noyb’s actions represent a continued push for stricter enforcement of GDPR and a broader scrutiny of international data transfers, which are becoming a focal point in the global debate over digital privacy.

​Recently we wrote, that Chinese officials are weighing a possible plan that could see Elon Musk take control of TikTok’s US operations if the app fails to fend off a looming ban in the United States.

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