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Noyb files complaints against TikTok, AliExpress, SHEIN, Temu, WeChat and Xiaomi with European DPAs


The Austrian privacy advocacy group Noyb has filed complaints against TikTok, AliExpress, SHEIN, Temu, WeChat and Xiaomi with European data protection authorities (DPAs) for unlawful data transfers to China.

Noyb explains that companies aren’t allowed to transfer personal information and other data of European citizens outside of the EU, unless data subjects have consented to this and companies can guarantee the safety and protection of their data.

TikTok, AliExpress, SHEIN, Temu, WeChat and Xiaomi are businesses known for sending Europeans’ personal data to China. Noyb calls China ‘an authoritarian surveillance state’, meaning the Chinese government is likely to have access to data of European users.

“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,” Kleanthi Sardeli, data protection lawyer at Noyb, says in a statement.

Noyb points to transparency reports from Xiaomi. According to the advocacy group, these confirm the risk of the Chinese authorities requesting and obtaining personal data. “According to these documents, authorities request access to personal data on a very large scale, while in the same time span, EU/EEA authorities only had a handful of requests,” Noyb states.

On top of that, Chinese companies always comply, or have to comply, with these data access requests. In addition, it’s practically impossible for European data subjects to exercise their rights under Chinese data law protection. This makes it all the more important to find out what Chinese tech companies do with Europeans’ personal data.

Therefore, Noyb has filed complaints against TikTok, AliExpress, SHEIN, Temu, WeChat and Xiaomi with privacy regulators in Austria, Belgium, Greece, Italy, and the Netherlands. The privacy organization is demanding an immediate suspension of data transfers to China.

Additionally, Noyb wants the companies to bring data processing in compliance with the General Data Protection Regulation (GDPR) and that the DPAs impose an administrative fine as a deterrence to prevent similar violations in the future.


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