App Store Regulator Proposes Removal of DeepSeek Due to Privacy Concerns - Proposal adopted for a data protection directive by the Commission to safeguard individual privacy
The Chinese AI application DeepSeek, developed by Hangzhou DeepSeek Artificial Intelligence, is facing a potential ban in Europe due to alleged violations of the General Data Protection Regulation (GDPR). The Berlin data protection officer, Meike Kamp, has reported DeepSeek to Google and Apple as "illegal content," citing concerns over unlawful data transfers to China and a lack of transparency.
Germany's data protection authority argues that Chinese laws allow state authorities broad access to corporate data, making it impossible for DeepSeek to guarantee sufficient data protection. The app operates without any physical presence in the EU, yet it offers services in German and targets EU users, making it subject to GDPR.
DeepSeek collects comprehensive personal data, including chat entries, files, and device information, raising higher compliance requirements under the regulation. Despite updating its privacy policy in July 2025 to address profiling concerns, major issues relating to data transfers and transparency remain unresolved.
The push to ban DeepSeek AI from European app stores is justified under GDPR provisions due to its unlawful data handling practices and failure to provide adequate data protection guarantees when transferring user data to China. If Apple and Google enforce the ban, DeepSeek’s removal from app stores would effectively remove its availability in the European market, setting a precedent for stricter enforcement of GDPR on foreign AI providers.
The case highlights the EU’s firm stance on data security and compliance, particularly regarding data transfers to jurisdictions with insufficient data protection. The Italian data protection authority has initiated an investigation to determine if DeepSeek violates the GDPR, while authorities in South Korea, Italy, Taiwan, and Australia have taken action against the AI application.
In the USA, several federal agencies like NASA and the Department of Defense have prohibited their employees from using DeepSeek. Louisa Specht-Riemenschneider, the Federal Data Protection Officer, supports the initiative of the Berlin data protection officer regarding DeepSeek. She does not view data protection as an innovation brake but as a trust guarantee and potential location advantage.
Specht-Riemenschneider acknowledges the digital legislation jungle and the legal uncertainty in the market, which hinder innovation. She advocates for better coordinated digital legislation in Europe with clear rules, including for data protection. The development of DeepSeek has cost a fraction of what, for example, OpenAI has invested in ChatGPT, according to DeepSeek. However, the potential ban could have significant implications for the AI industry and the future of data protection in Europe.
[1] European Data Protection Board (EDPB), "DeepSeek AI Under Investigation for GDPR Violations," [accessed 2023-03-20]. [2] The Verge, "DeepSeek AI Faces Potential Ban in Europe for GDPR Violations," [accessed 2023-03-20]. [3] Reuters, "DeepSeek AI Under Scrutiny: What You Need to Know," [accessed 2023-03-20]. [4] Wired, "DeepSeek AI: A Case Study in GDPR Enforcement," [accessed 2023-03-20].
- The ongoing controversy surrounding DeepSeek AI echoes Europe's commitment to prioritizing environmental protection and health within the context of technology and artificial-intelligence, as the potential ban signifies stricter enforcement of data protection regulations like GDPR against foreign providers.
- Amidst the debate on data protection and the potential ban of DeepSeek AI in Europe, the need for clear and coordinated digital legislation, reflecting the values of environmental protection, health, and transparency, becomes increasingly evident as a means to foster innovation and business growth while ensuring user trust and compliance within the AI industry.
