Irish Supreme Court allows TikTok EU–China data transfers during appeal process

Thursday 30 April 2026 - 11:30

The TikTok will be allowed to continue transferring user data from the European Union to China while it appeals a major privacy ruling, after a decision by the Irish Supreme Court.

The ruling confirms that the company can maintain its data flows during the ongoing legal process against a decision by Ireland’s data protection authority, which serves as TikTok’s lead regulator in the European Union.

Last year, the Irish Data Protection Commission imposed a €530 million fine on TikTok and ordered the platform to suspend data transfers to China unless it brought its data processing practices into compliance with EU standards within six months.

The case stems from concerns that personal data accessed remotely by staff based in China may not receive protection equivalent to that guaranteed under European Union law. Regulators argue that this raises serious questions under strict EU privacy rules, including the General Data Protection Regulation (GDPR).

In November, Ireland’s High Court temporarily suspended the enforcement of the transfer ban. It ruled that the potential risk to users was limited in the short term, while an immediate suspension could cause significant and difficult-to-measure harm to TikTok’s operations.

The Supreme Court has now upheld that suspension, agreeing that it should remain in place until the High Court delivers its final judgment on the appeal. The appeal has already been heard but not yet decided.

The case is considered one of the most significant legal disputes involving cross-border data flows between Europe and China, and highlights growing global tensions over digital privacy and data governance.