Enforcement action · Berlin Commissioner for Data Protection and Freedom of Information

AI, Data Transfers, and the DSA: Lessons from the DeepSeek Takedown Case

AI, Data Transfers, and the DSA: Lessons from the DeepSeek Takedown Case is an AI-related enforcement action involving Berlin Commissioner for Data Protection and Freedom of Information. Berlin data protection authority notifies Apple and Google that the DeepSeek AI app is illegal content due to unlawful data transfers to China, citing GDPR and DSA.

Action details

Agency
Berlin Commissioner for Data Protection and Freedom of Information
Jurisdiction
Berlin
Enforcement type
advisory
Document type
enforcement action
Effective
2025-06-27
AI risk category
high
Topic
ai privacy

Summary

The Berlin Commissioner for Data Protection has formally notified Google and Apple in Germany that the AI app DeepSeek constitutes illegal content. This action is due to the app's unlawful transfer of user personal data to China, violating GDPR Article 46(1). The Commissioner utilized Article 16 of the DSA to report the content, requiring the platform operators to promptly review and decide on blocking the app.

Primary source

https://www.datenschutz-berlin.de/fileadmin/user_upload/pdf/pressemitteilungen/2025/20250627-BlnBDI-Press-Release_DeepSeek.pdf →

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Frequently asked questions

What is AI, Data Transfers, and the DSA: Lessons from the DeepSeek Takedown Case?
The Berlin Commissioner for Data Protection has formally notified Google and Apple in Germany that the AI app DeepSeek constitutes illegal content. This action is due to the app's unlawful transfer of user personal data to China, violating GDPR Article 46(1). The Commissioner utilized Article 16 of the DSA to report the content, requiring the platform operators to promptly review and decide on blocking the app. Primary source →
Which agency brought the action?
Berlin Commissioner for Data Protection and Freedom of Information brought this enforcement action in Berlin. Primary source →
What was the penalty?
No specific penalty amount is disclosed in the primary source AIGI tracked for this action. Some enforcement actions resolve through injunctive relief, consent decrees, or behavioural undertakings rather than monetary penalty. Primary source →
When did the action take effect?
The action was effective 2025-06-27. Primary source →
Where can I find the primary source?
The primary source for AI, Data Transfers, and the DSA: Lessons from the DeepSeek Takedown Case is at https://www.datenschutz-berlin.de/fileadmin/user_upload/pdf/pressemitteilungen/2025/20250627-BlnBDI-Press-Release_DeepSeek.pdf. AIGI does not paraphrase secondary commentary — every claim on this page links back to that primary source. Primary source →

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