A German regulatory authority announced that the Chinese AI app DeepSeek unlawfully transfers user data to China, and called on Apple and Google to consider banning it in a move that could lead to EU-wide ramifications.
Article contents:
- German action against DeepSeek
- What is DeepSeek and why is it controversial?
- Violation of European data protection laws (GDPR)
- Key concerns: Chinese authorities’ access to data
- What are the next steps? Call to ban the app
- Could this lead to an EU-wide ban?
- Not the first time: DeepSeek under European scrutiny
German action against DeepSeek
A data protection authority in Germany announced on Friday that the popular Chinese AI app DeepSeek is unlawfully sending user data to China, representing a blatant violation of European privacy rules. In an escalating move, the authority asked Apple and Google to review the possibility of banning the service from their app stores.
Berlin Data Protection Commissioner Meike Kamp said in a statement that DeepSeek’s transfer of German user data to China is “illegal,” putting the app on a direct collision course with European regulators.
What is DeepSeek and why is it controversial?
Chinese firm DeepSeek caused a major stir this year when it launched an AI model claiming to have been created at a fraction of competitors’ costs and using less advanced Nvidia chips. The company also has its own global AI chat application, which has been downloaded millions of times, drawing increasing scrutiny from regulatory authorities worldwide.
The app’s success and growing popularity have made it a prime target for regulators concerned about how Chinese companies handle sensitive European user data.
Violation of European data protection laws (GDPR)
At the core of the issue is the European Union’s General Data Protection Regulation (GDPR), a strict law governing how companies collect, process, and transfer personal data. Under this law, companies are prohibited from sending European citizens’ data outside the region unless specific and appropriate safeguards are in place in the destination country. These safeguards must meet the high standards set by European law.
German authorities believe that China does not provide this level of protection, and therefore transferring data to it is considered unlawful.
Key concerns: Chinese authorities’ access to data
German Commissioner Meike Kamp explained that her concerns stem from the fact that “Chinese authorities have extensive access rights to personal data within the sphere of influence of Chinese companies.” She added: “DeepSeek has not been able to convincingly demonstrate to my authority that German user data is protected in China at a level equivalent to that of the European Union.”
This concern is not new, reflecting broader geopolitical tensions between the West and China regarding data security and technology, as Western governments fear their citizens’ data could be used for espionage or surveillance purposes.
What are the next steps? Call to ban the app
What are the next steps? Call to ban the app
The Berlin regulatory authority has notified Apple and Google of DeepSeek’s alleged violations and expects the American tech giants to conduct a “timely review” on whether the app should be banned from the App Store and Google Play Store. It remains unclear whether Apple and Google will comply with this request, but pressure from an influential German regulatory body carries significant weight.
If both companies remove the app, it would be a severe blow to DeepSeek in the European market.
Could this lead to an EU-wide ban?
Legal experts warn that the action in Germany could be just the beginning. Matt Holman, an AI and data lawyer at Cripps, said: “It is certainly possible that this incident could lead to an EU-wide ban because the rules applied in Germany are the same elsewhere in the EU.” However, there are a few steps before this becomes a reality, as it requires a consensus among data regulators in member states.
If Apple and Google remove DeepSeek from their stores, this would effectively amount to an EU-wide ban, restricting the company’s access to one of its largest markets.
Not the first time: DeepSeek under European scrutiny
This is not DeepSeek’s first confrontation with regulators in Europe. In February, Italian data protection authorities ordered the company to block its app in the country. Meanwhile, Irish authorities asked DeepSeek in January for information regarding its data processing. This pattern of mounting scrutiny indicates that the company faces an uphill battle to maintain its presence in the European market, and its days may be numbered if it cannot convincingly address privacy concerns.
