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AII-1002-64727
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OCU requests GDPR investigation into DeepSeek data handling

Spanish consumer organization OCU filed a complaint with the Spanish Data Protection Authority alleging that DeepSeek does not comply with GDPR requirements, including inadequate data transfer safeguards to China, lack of proper consent mechanisms, and insufficient age verification for minors. The OCU requested precautionary measures and investigation into the Chinese companies operating the service.

3 February 2025 · Hangzhou DeepSeek Artificial Intelligence · Privacy and surveillance
3 February 2025
AII-1002-647272 sources ↓

What happened

The OCU and organizations belonging to Euroconsumers examined DeepSeek to verify compliance with the European General Data Protection Regulation (GDPR).

The analysis found that international processing of personal data is conducted without adequate legal safeguards, consent is not requested appropriately, and there are doubts about age verification measures for minors and processing of their data without parental consent.

Reported impact

The OCU identified that DeepSeek's privacy policy does not clarify how user data is used, leaving unclear whether data is used for profiling or automated decision-making.

The organizations found that DeepSeek controllers are based in China without designating a representative to the European Union, personal data is transferred to China without adequate guarantees, and the privacy policy lacks required details such as data retention periods and user rights exercise methods.

Index analysis

The OCU requested the Spanish Data Protection Authority to investigate the companies responsible for DeepSeek service and to adopt appropriate precautionary measures to safeguard Spanish users' data protection.

The organizations requested that DeepSeek be prohibited from processing Spanish users' personal data until detected problems are resolved.

Classification

Category
Privacy and surveillance
Industry
Consumer services
Country
Spain
Harm status
Potential harm
Intent
Unknown
Timing
Post-deployment
Harm types
Human or fundamental rights
Harmed
Consumers, Children
Consequences
Regulatory investigation
AI systems
DeepSeek
Regulations
GDPR (cited)

Sources and evidence

This record was researched and written by the Index, based on the following original reporting.

Ideal
OCU pide investigar a DeepSeek por posible incumplimiento de protección de datos | Ideal
3 February 2025
antena3.com
OCU requests GDPR investigation into DeepSeek data handling