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DeepSeek AI: EU GDPR concerns over China data transfers, retention and lawful basis; Italian complaint filed as UK ICO cautions on transparency and user rights

Published on: 29 January 2025

Published by a LexisNexis TMT expert
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The developer’s privacy notice states that all user information is transmitted to China, where it is retained indefinitely, and it makes no reference to European data protection law or any lawful basis for processing personal data. Although the model’s apparently strong performance on a modest training budget has depressed the share prices of US technology companies, consumer organisations in Europe have begun contacting Italy’s Data Protection Authority (DPA), noted for proactively challenging OpenAI two years ago over comparable issues linked to the launch of ChatGPT.

The user terms for the DeepSeek generative AI application, jointly controlled by two Chinese companies, present multiple concerns for authorities responsible for enforcing the EU’s General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDOR).

  • All personal data is stored on servers located in China.
  • Transfers will be “in accordance with the requirements of applicable data protection laws,” yet those laws are not specified, leaving compliance with European standards uncertain.
  • Data will be retained “for as long as necessary,” again seemingly at odds with EU requirements...

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