Robert Besser
02 Jun 2025

DUBLIN, Ireland: TikTok is asking the High Court to stop a decision that could block the transfer of user data to China within six months. This decision was made in early May by Ireland's Data Protection Commission (DPC).

On May 2, the DPC announced the result of its investigation into whether TikTok Technology Ltd. was following the law when it sent user data from the European Economic Area (EEA)—which includes all EU countries, plus Iceland, Liechtenstein, and Norway—to China.

DPC commissioners Dr. Des Hogan and Dale Sunderland said TikTok broke the rules of the General Data Protection Regulation (GDPR). They said the company failed to follow the rules on both how it transfers data and how clearly it informs users.

The DPC fined TikTok 530 million euros and gave the company six months to fix its data practices. If not, TikTok must stop sending user data to China.

Last week, TikTok's lawyer, Emily Egan McGrath, told Justice Mark Sanfey that TikTok wants the case to be fast-tracked in the Commercial Court because it is urgent. She said the DPC's decision would cause "very significant" harm to TikTok and asked the court to pause the decision about stopping data transfers.

Kelley Smith, a lawyer for the DPC, said many documents were involved in the case, and her team had not yet reviewed them. However, she didn't expect to oppose the request to bring the case to the Commercial Court.

Justice Sanfey said it seemed likely there would be no objection to this, but the DPC could still decide to challenge it. He added that scheduling a hearing to pause the data transfer decision could be difficult, as judges were busy with other cases. However, he would consider the request to move the case to the Commercial Court next week.