Berlin data protection authority wants DeepSeek to be blocked in app stores

The Chinese AI app DeepSeek is to be blocked in the Apple and Google app stores. This is at least what the Berlin Commissioner for Data Protection and Freedom of Information is demanding and has reported the app as illegal content. The reason is that DeepSeek transfers users' personal data to China and does not ensure that the requirements of the General Data Protection Regulation (GDPR) are complied with.

DeepSeek caused a stir at the beginning of the year when the AI chatbot presented itself as a cheaper yet powerful alternative to models from US giants OpenAI and Google.

Violation of the GDPR

DeepSeek is operated by the company Hangzhou DeepSeek Artificial Intelligence Co, Ltd. based in Beijing. DeepSeek has no branch in the European Union (EU). Nevertheless, the service is subject to the GDPR as it is offered in Germany, according to the Berlin authority.

The service processes extensive personal user data, including text entries, chat histories and uploaded files as well as information on location, devices used and networks. The service transmits the collected data to Chinese processors and stores it on servers in China.

“DeepSeek has not been able to convincingly prove to my authority that German users' data is protected in China at a level equivalent to that of the European Union. Chinese authorities have far-reaching access rights to personal data within the sphere of influence of Chinese companies. In addition, DeepSeek users in China do not have enforceable rights and effective legal remedies available to them, such as those guaranteed in the European Union,” explained Berlin's Data Protection Commissioner Meike Kamp.

Blocking instead of a fine

Violations of the GDPR are normally punished with fines. Blocking would be a novelty. The authority is basing its approach on the European Digital Services Act (DSA). Apple and Google must now examine the notification promptly and decide on its implementation. The measure was taken in close consultation with the state data protection commissioners of Baden-Württemberg, Rhineland-Palatinate and the Free Hanseatic City of Bremen and, according to information from the Coordination Office for Digital Services at the Federal Network Agency, which is responsible for enforcing the DSA in Germany.

(mki)