The Irish Data Protection Commission (DPC) has fined TikTok 530 million euros for transferring data of users from the European Economic Area (EEA) to China. It found that this transfer broke the rules outlined in the EU’s GDPR regulations.
In addition to the fine, which includes administrative fines, the Irish DPC has ordered TikTok to bring its processing into compliance within 6 months. It has also been ordered to stop sending data to China if the processing is not brought into compliance within this timeframe.
Commenting on the matter, DPC Deputy Commissioner Graham Doyle said:
“TikTok’s personal data transfers to China infringed the GDPR because TikTok failed to verify, guarantee and demonstrate that the personal data of EEA users, remotely accessed by staff in China, was afforded a level of protection essentially equivalent to that guaranteed within the EU.
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.”
The fine comes after TikTok told the DPC, as part of the latter’s inquiry, that it didn’t store EEA user data on Chinese servers. However, TikTok came back to the DPC in April and told it that it had discovered in February that a limited amount of EEA user data had gone to China, which was subsequently deleted upon discovery. Nevertheless, the DPC has slapped the firm with a fine.
Regulators like the DPC do not like it when companies provide incorrect information and regularly fine violators. Recently, Ofcom fined OnlyFans for submitting incorrect information about its age verification measures.
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