Privacy advocacy group Noyb has filed complaints against six Chinese technology companies, including TikTok, SHEIN, and AliExpress, alleging unlawful transfers of European Union users' data to China in violation of privacy regulations.

The Vienna-based organisation, known for its successful legal challenges against American tech giants, has launched complaints in five European countries, marking its first action against Chinese firms. The complaints target major platforms including ByteDance's TikTok, retailers SHEIN and Temu, Alibaba's AliExpress, phone manufacturer Xiaomi, and Tencent's WeChat.

According to the complaints, AliExpress, SHEIN, TikTok, and Xiaomi explicitly acknowledge transferring European personal data to China, while Temu and WeChat indicate transfers to unspecified "third countries" that likely include China.

Under the EU's General Data Protection Regulation (GDPR), companies can only transfer data outside the bloc under strict conditions that ensure equivalent levels of data protection. The advocacy group argues that China's authoritarian surveillance practices make such transfers inherently unlawful.

"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," says Kleanthi Sardeli, data protection lawyer at Noyb. "Transferring Europeans' personal data is clearly unlawful – and must be terminated immediately."

The complaints highlight particular concerns about Chinese authorities' access to personal data. Xiaomi's transparency reports reveal frequent and large-scale data requests from Chinese authorities, with the company almost always complying. In contrast, EU and European Economic Area authorities made only a handful of such requests during the same period.

None of the companies properly responded to users' requests for information about their data transfers, despite this being a legal requirement under GDPR Article 15.

Noyb is calling for immediate suspension of data transfers to China and requesting that data protection authorities impose fines, which could reach up to 4 per cent of global revenue. This could result in substantial penalties, potentially reaching €147 million for AliExpress and €1.35 billion for Temu.

The complaints come amid growing scrutiny of Chinese technology companies in Western markets. TikTok, in particular, faces multiple regulatory challenges, including an investigation by the European Commission over election interference concerns and an impending ban in the US.

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