Berlin Commissioner for Data Protection (BlnBDI) — Hangzhou DeepSeek Artificial Intelligence Co., Ltd.
After DeepSeek failed to comply with a May 2025 request, the Berlin DPA reported the DeepSeek AI app to Apple and Google as unlawful content under the Digital Services Act, finding it unlawfully transfers German users' personal data to China in breach of GDPR Article 46.
Key takeaway — how to prevent this
AI services need a lawful basis, transparency and (for minors) age verification before launch in regulated markets — several DPAs blocked AI products first and asked questions later.
Case brief
Read from the authority's press release on 2026-09-06. Every holding carries a short verbatim quote from that text.
- Decided by
- Berlin Commissioner for Data Protection and Freedom of Information
- Parties
- Berlin Commissioner for Data Protection and Freedom of Information v. Hangzhou DeepSeek Artificial Intelligence Co., Ltd.
- Decision date
- June 27, 2025
- Remedy
- The Berlin Commissioner for Data Protection notified Apple Distribution International Ltd. and Google Ireland Ltd. under Article 16 of the Digital Services Act to review and decide on blocking the DeepSeek app in Germany.
- Appeal
- Appeal status not stated
Key holdings
The Berlin Commissioner for Data Protection determined that Hangzhou DeepSeek Artificial Intelligence Co., Ltd. violates European data protection regulations by transferring user data to China without appropriate safeguards.
“Specifically, Hangzhou DeepSeek Artificial Intelligence Co., Ltd. violates Article 46(1) of the GDPR with its DeepSeek service.” — Page 2 of 2
The authority reported the DeepSeek app as illegal content to platform operators after the company failed to voluntarily remove the application or comply with third-country transfer requirements.
“the Berlin Data Protection Commissioner has made use of the right under Article 16 of the Digital Services Act (DSA) to report illegal content on platforms to the respective providers.” — Page 2 of 2
In plain English
The Berlin Commissioner for Data Protection and Freedom of Information addressed compliance concerns regarding the AI app DeepSeek, operated by Hangzhou DeepSeek Artificial Intelligence Co., Ltd., based in Beijing, China. The company offers an AI-powered multifunctional chatbot to users in Germany through the Google Play Store and Apple App Store. The service collects extensive personal data from users, including chat histories, uploaded files, location details, device information, and network data, storing and processing this information on servers in China. European regulations require high standards of protection when transferring personal data outside the European Union. China does not have an adequacy decision, and the operator failed to demonstrate equivalent protective measures. Additionally, Chinese authorities hold broad data access rights, while users lack enforceable rights and remedies in China. On 6 May 2025, the Berlin authority requested that the company voluntarily remove its apps from German app stores or satisfy legal requirements for third-country data transfers. Because the company did not comply, the authority notified Apple Distribution International Ltd. and Google Ireland Ltd. on 27 June 2025 under Article 16 of the Digital Services Act, reporting the app as illegal content. The two companies must now review the notice promptly and decide whether to block the app in Germany.
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