By Supantha Mukherjee and Foo Yun Chee
STOCKHOLM/BRUSSELS, Jan 16 (Reuters) - TikTok, Shein,
Xiaomi ( XIACF ) and three other Chinese companies were named in
a privacy complaint filed on Thursday by Austrian advocacy group
Noyb which claimed the firms were unlawfully sending European
Union user data to China.
Noyb is known for filing complaints against American
companies such as Apple ( AAPL ), Alphabet and Meta
, which has led to several investigations and billions
of dollars in fines.
Vienna-based Noyb (None Of Your Business) said this is their
first complaint against Chinese firms.
Noyb has filed six complaints in four European countries for
suspension of data transfers to China and is seeking fines that
can reach up to 4% of a firm's global revenue.
Noyb said Alibaba's ( BABA ) e-commerce site AliExpress,
retailer Shein, TikTok and phone maker Xiaomi ( XIACF ) admit to sending
Europeans' personal data to China, while retailer Temu and
Tencent's ( TCTZF ) messenger app WeChat transfer data to
undisclosed "third countries" likely China.
Under European Union's General Data Protection Regulation
(GDPR) privacy regime, data transfers outside the EU are only
allowed if the destination country doesn't undermine the
protection of data.
"Given that China is an authoritarian surveillance state, 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. "Transferring Europeans' personal data is
clearly unlawful - and must be terminated immediately.
Chinese companies, notably ByteDance-owned TikTok, have been
facing off with regulators in various countries. TikTok is
planning to shut its app for U.S. users from Sunday, when a
federal ban on the social media app is due to come into effect.
The European Commission is also investigating TikTok over
its suspected failure to limit election interference, notably in
the Romanian presidential vote in November.