The full story of DeepSeek and Euroconsumers action

The DeepSeek app has quickly hit the top of appstore download charts. However, while the markets reacted, people downloaded and governments strategised, Euroconsumers and its members were standing up for consumers’ interests by scrutinising DeepSeek’s handling of people’s personal data.

Standing up for consumers in GenAI

Non-EU companies like DeepSeek AI must comply with the EU’s General Data Protection Regulation (GDPR) if they are offering of goods or services to European data subjects.

The analysis has found that DeepSeek’s data processing is contrary to the GDPR. Our Italian member, Altroconsumo filed a report with the Italian Data Protection Authority requesting a temporary restriction on DeepSeek’s processing of Italian users personal data due to several concerns including:

- Personal data of European users is transferred to China without proper safeguards (e.g. standard contractual clauses (SCCs) or binding corporate rules (BCRs). Chinese law allows state access to data without guarantees of transparency or proportionality, but under the GDPR, personal data can only be transferred to a third country if that country is deemed to provide adequate levels of protection or if special agreements are in place
- The privacy policy published on the official website reveals multiple violations of European and national data protection regulations
- Incomplete Information: there is insufficient details on data retention, user rights, and data categories
- Profiling: it is unclear if data is used for profiling or automated decisions
- Rights of Data Subjects: there are ambiguous procedures for exercising rights
- Children: there are no details on age verification or handling data of minors.

Timeline

31 January 2025

Euroconsumers’ members in Spain, Belgium and Portugal will point to the decision of the Italian DPA and ask for similar action in their countries.Euroconsumers Spanish member OCU files a complaint to AEPD – Spain’s data protection agency. Euroconsumers member Deco Proteste files complaint on the same basis to its National Data Protection Commission, the CNDP
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30 January 2025

Belgium’s Data Protection Authority launches an investigation into DeepSeek. Italy’s Data Protection Authority blocks DeepSeek.
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29 January 2025

Euroconsumers member Testachats/Testaankoop issues complaint on DeepSeek’s data usage policies to the Belgian Data Protection Authority (ADP)
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28 January 2025

Euroconsumers and Altroconsumo report GDPR breaches and data security concerns in DeepSeek’s policies. On January 28, 2025, they submit the report to Garante, requesting a temporary restriction. The same day, Garante formally asks DeepSeek for more information on potential EU data law violations.
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27 January 2025

DeepSeek app is downloaded an estimated 2.6 million times and hits the top of the Apple and Google appstore charts.
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20 January 2025

DeepSeek GenAI Chatbot released
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