TikTok granted High Court approval to challenge €530m data transfer fine

TikTok granted High Court approval to challenge €530m data transfer fine

TikTok has been given the green light by the Irish High Court to challenge a €530 million fine issued by the Data Protection Commission (DPC) over the alleged transfer of European users' personal data to China. The DPC imposed the fine in May, citing that TikTok allowed remote access to user data stored in the US and Singapore by personnel based in China, breaching EU data protection rules.

The fine came with an order for TikTok to suspend data transfers to China unless its processes were brought in line with EU transparency standards within six months.

TikTok, through its Irish and UK entities, argues that the scale and nature of the fine is "penal" and potentially unconstitutional.

It also challenges the legal basis of the DPC's powers, claiming that the sections of the Data Protection Act used to enforce the decision are inconsistent with the Irish Constitution, the European Convention on Human Rights, and the EU Charter of Fundamental Rights.

The company is seeking to quash the DPC’s April 30 decision and contends that the fine amounts to a breach of its right to private property. It further argues that the DPC’s process lacks the independence and full appeal rights that would be expected of a body issuing such serious sanctions.

Ms Justice Mary Rose Gearty has granted TikTok permission to proceed with a full judicial review. The case has been adjourned to October and remains one of the most high-profile data privacy challenges in Europe this year.

What does this mean for advertisers?

With regulators intensifying scrutiny on how platforms manage international data transfers particularly outside the EU, advertisers should stay close to how TikTok responds.

While the app remains operational brands should be prepared to adapt if compliance shifts. Regulatory pressure could affect data use or targeting capabilities across Europe.