BRUSSELS — The European Union is pressing ahead with talks to grant United
States border authorities unprecedented access to Europeans’ data, despite
growing concerns about American surveillance.
The European Commission is brokering a deal to exchange
information about travelers, including fingerprints and law enforcement
records, so the U.S. can determine if they “pose a risk to public security or
public order,” according to official documents.
Commission officials flew to Washington last week for the first round of
negotiations, according to two people familiar with the matter.
The Trump administration’s request for deeper access comes after the U.S. border
agency in December proposed reviewing five years of social media history. Talks
are happening as the U.S. Immigration and Customs Enforcement (ICE) service is
under heavy scrutiny for its use of surveillance technology against protesters
in cities such as Minneapolis.
The negotiations should be “put on hold” until the security and privacy of
citizens in the EU and U.S. can be guaranteed, liberal European Parliament
member Raquel García Hermida-van der Walle said in an interview.
Romain Lanneau, a legal researcher with surveillance watchdog Statewatch, said
police databases in Europe could contain information on anyone from protesters
to journalists who might be considered a “threat,” and that — under the deal
being discussed — this information would be at the fingertips of U.S. border
authorities who could refuse those people entry to the United States or even
detain them.
European regulators are “very cautiously looking at what’s happening in the
United States,” Wojciech Wiewiórowski, the EU’s in-house data protection
supervisor, told POLITICO. Europe “has to be careful” about how it allows the
data of Europeans to flow to the U.S., he said.
Hermida-van der Walle in January co-signed a letter by six prominent lawmakers
calling on the Commission to stand down given the “current geopolitical
context,” despite Washington’s admonition that failure to reach a deal will mean
Europeans lose access to its visa waiver program.
UNPRECEDENTED ACCESS
The U.S. is seeking access to information including biometric data such as
fingerprints that is stored on national databases in European countries,
according to an explanatory note sent to national experts. The data would be
used to “address irregular migration and to prevent, detect, and combat serious
crime and terrorist offences,” the note said.
In an earlier opinion on the deal, the European Data Protection Supervisor
(EDPS) — a watchdog that advises the Commission on privacy policies — noted the
deal would be the first of its kind to enable “large-scale sharing of personal
data … for the purpose of border and immigration control” with a non-EU country.
The Commission would negotiate a framework deal that would serve as a template
for bilateral agreements called Enhanced Border Security Partnerships (EBSPs),
which national governments agree with Washington. EU countries in December
signed off on the Commission’s request to start talks with the U.S.
Washington is pressuring its EU counterparts by imposing a deadline for the
bilateral deals to be agreed by the end of 2026. If countries fail to reach a
deal with the U.S. they risk being cut from the latter’s visa waiver program.
The U.S has made it mandatory for all countries that are part of the visa waiver
program to have an EBSP in place.
“The pressure which the United States is extorting on our member states, the
threats that if you don’t agree with this we will cancel your access to the visa
waiver program, that is an element of blackmail that we cannot let go,”
Hermida-van der Walle said.
The EDPS watchdog has cautioned that the scope of data sharing should be as
narrow as possible, with clear justifications for every query; transparency
around how the data is used; and judicial redress available in the U.S. for any
person.
Commission spokesperson Markus Lammert emphasised at a recent press briefing
that the framework being negotiated will involve “clear and robust safeguards on
data protection,” and will ensure “a non-systematic nature of the information
exchange and that the exchange is limited to what is strictly necessary to
achieve the objectives of this cooperation.”
US PRIVACY UNDER PRESSURE
Access to the data is the latest issue putting pressure on a troubled
relationship between the U.S. and the EU on data privacy.
Since whistleblower Edward Snowden in 2013 revealed U.S. mass surveillance
practices affecting Europeans, the EU has tightened controls on how Washington
handles Europeans’ data.
Since the return of Donald Trump as president last year, officials and rights
groups have deplored a move by the U.S. administration to gut a key privacy
watchdog tasked with overseeing privacy safeguards in place to protect
Europeans.
The Trump administration has also been ramping up mass
surveillance of citizens by federal agencies like ICE, including through
contracts with Israeli spyware company Paragon, surveillance giant Palantir and
other firms.
Capgemini, a prominent French IT firm, on Sunday said it was selling off its
American activities after it faced political backlash from the French government
that its software was being used by ICE authorities.
Civil rights groups, lawmakers and other watchdogs fear the new EU-U.S. data
sharing deals would add to backsliding on privacy rights.
“The current initiatives are being presented as toward counter-terrorism, but a
lot of them are actually adopted for the chilling effect [on political
activism],” Statewatch’s Lanneau said.
Hermida-van der Walle, the liberal lawmaker, warned: “If people have to go to
the United States, if it’s not a choice but something that they have do, there
is a risk of self-censoring.”
“This comes from an administration who claims to be the biggest defender of free
speech. What they’re doing with their actions is curtailing the possibility of
people to express themselves freely, because otherwise they might not get
access into the country,” she said.
Tag - Data flows
The Trump administration is lashing out at foreign laws aimed at clamping down
on online platforms that have gained outsized influence on people’s attention —
while trying to avoid launching new trade wars that could threaten the U.S.
economy.
Over the past month, U.S. officials have paused talks on a tech pact with the
United Kingdom, canceled a trade meeting with South Korean officials and issued
veiled threats at European companies over policies they believe unfairly
penalize U.S. tech giants.
Several tech policy professionals and people close to the White House say the
recent actions amount to a “negotiating tactic,” in the words of one former U.S.
trade official. As talks continue with London, Brussels and Seoul, the Office of
the U.S. Trade Representative is pressing partners to roll back digital taxes on
large online platforms and rules aimed at boosting online privacy protections —
measures U.S. officials argue disproportionately target America’s tech
behemoths.
“It’s telegraphing that we’ve looked at this deeply, we think there’s a problem,
we’re looking at tools to address it and we’re looking at remedies if we don’t
come to an agreement,” said Everett Eissenstat, who served as the director of
the National Economic Council in Trump’s first term. “It’s not an unprecedented
move, but naming companies like that and telegraphing that we have targets, we
have tools, is definitely meaningful.”
But so far, the administration has shied away from new tariffs or other
aggressive actions that could upend tentative trade agreements or upset
financial markets. And the new tough talk may not be enough to placate some
American tech companies, who are pressing for action.
One possible action, floated by U.S. Trade Representative Jamieson Greer, would
be launching investigations into unfair digital trade practices, which would
allow the administration to take action against countries that impose digital
regulations on U.S. companies.
“I would just say that’s the next level of escalation. I think that’s what
people are waiting for and looking for,” said a representative from a major tech
company, granted anonymity to speak candidly and discuss industry expectations.
“What folks are looking for is like action over the tweets, which, we love the
tweets. Everyone loves the tweets.”
Trump used similar investigations to justify raising tariffs on hundreds of
Chinese imports in his first term. But those investigations take time, and it
can be years before any increases would go into effect. Greer has also been
careful to hedge threats of new trade probes, stressing they are not meant to
spiral into a broader conflict. Speaking on CNBC’s “Squawk Box” last week, he
floated launching a trade investigation into the EU’s digital policies, but said
the goal would be a “negotiated outcome,” not an automatic path to higher
tariffs.
“I don’t think we’re in a world where we want to have some renewed trade fight
or something with the EU — that’s not what we’re talking about,” Greer said. “We
want to finish off our deal and implement it,” he continued, referring to the
trade pact the partners struck over the summer.
Greer also raised the prospect of a trade probe in private talks with South
Korea earlier this fall, saying the U.S. might have to resort to such action if
the country continues to pursue legislation the administration views as harmful
to U.S. tech firms. But a White House official clarified that the U.S. was not
yet considering such a “heavy-handed approach.”
Even industry officials aren’t certain how aggressive they want the Trump
administration to be, acknowledging that if the U.S. escalated its fight with
the EU over their tech regulations, it could spark a digital trade war that
would ultimately end up harming all of the companies involved, according to a
former USTR official, granted anonymity to speak candidly.
President Donald Trump has long criticized the tech regulations — pioneered by
the European Union and now proliferating around the globe. But he’s made the
issue a much more central part of his second-term trade agenda, with mixed
results. While Trump’s threat to cut off trade talks with Canada got Prime
Minister Mark Carney to rescind their three percent tax on revenue earned by
large online platforms, his administration has struggled to make headway with
the EU, UK and South Korea in the broader trade negotiations over tariffs.
The tentative trade deal the administration reached with the EU over the summer
included a commitment from the bloc to address “unjustified digital trade
barriers” and a pledge not to impose network usage fees, but left the scope and
direction of future discussions largely undefined. The agreement fleshed out
with South Korea this fall appeared to go even further, spelling out commitments
that regulations governing online platforms and cross-border data flows won’t
disadvantage American companies.
But none of those governments have so far caved to U.S. pressure to abandon
their digital regulations entirely, and the canceled talks and threatening
social media posts are a sign of Trump’s growing frustration.
“You won’t be surprised to know that what we think is fair treatment and what
they think is fair treatment is quite different and I’ve been quite frankly
disappointed over the past few months to see zero moderation by the EU,” Greer
said Dec. 10 at an event at the Atlantic Council.
Last week, Greer’s office amped up the rhetoric further, threatening to take
action against major European companies like Spotify, German automation company
Siemens and Mistral AI, the French artificial intelligence firm, if the EU
doesn’t back off enforcement of its digital rules. The threat came a week after
the EU fined X, the company formerly known as Twitter, $140 million for failing
to meet EU transparency rules.
Greer’s office also canceled a meeting planned for last Thursday with South
Korean officials, as South Korean lawmakers introduced new digital legislation
and held an explosive hearing on a data breach at Coupang, an
American-headquartered e-commerce company whose largest market is in South
Korea.
The South Korean Embassy denied any relationship between the Coupang hearing and
the cancellation of the recent meeting.
“Neither Coupang’s data breach, the subsequent investigation by the Korean
government, nor the National Assembly’s hearing played a role in the scheduling
of the KORUS Joint Committee,” said an embassy official.
The canceled meetings and frozen talks are significant — delaying implementation
of bare bones trade agreements and investment pledges inked in recent months.
But the Trump administration has shown little interest in blowing up the deals
its reached and reapplying the steep tariffs it threatened over the summer,
which could trigger significant retaliation and, as concerns about affordability
and inflation continue to simmer in the U.S., prove politically dicey.
Launching trade investigations at USTR or fining specific foreign companies
could be a less inflammatory move.
“What is happening is that these issues are starting to come to a head,” said
Dirk Auer, a Director of Competition Policy International Center for Law &
Economics, who focuses on antitrust issues and recently testified before
Congress on digital services laws. “At some point the administration has to put
up or shut up. They need to put their money where their mouth is. And I think
that’s what’s happening right now.”
Gabby Miller contributed to this report.
Ireland’s Data Protection Commission (DPC) has launched a fresh inquiry into
TikTok’s transfers of personal data to Chinese servers, it said Thursday,
following on from its investigation that led to a €530 million fine against the
company in April.
The Irish regulator in April was informed by TikTok of an issue that meant a
limited amount of EU user data had been stored on servers in China, an issue it
said it discovered in February.
The discovery contradicted the firm’s long-held position that personal data of
EU users was only accessed remotely by the platform’s staff in China. But it
came only just before the investigation concluded. Because of this, the DPC did
not investigate it fully.
The regulator in April fined TikTok for not sufficiently protecting EU personal
data from Chinese state surveillance.
The DPC earlier this year expressed “deep concern” that TikTok submitted
“inaccurate information to the inquiry.”
In a statement on Thursday, it said it had decided to open a new inquiry into
the personal data transfers to servers in China after consulting with other data
protection authorities in Europe.
The Irish regulator said the inquiry will focus on whether TikTok has complied
with its obligations under the EU’s General Data Protection Regulation,
including articles relating to accountability, transparency, cooperation with
supervisory authorities and compliance with rules around data transfers outside
of the EU.
TikTok was notified earlier this week about the Irish DPC’s decision to launch a
fresh inquiry.
The company has been contacted for comment.
WhatsApp plans to roll out a new advertising model in the coming months, but the
company has told Ireland’s privacy regulator that it won’t affect the EU until
next year.
WhatsApp owner Meta announced the launch of new features in WhatsApp’s “Updates”
tab on Monday, including targeted advertisements and a subscription model. It
said the features would start to appear for users “over the next several
months.”
The announcement immediately raised concern among privacy organizations, in
particular the fact that Meta will also use “ad preferences and info” from
across people’s Facebook and Instagram accounts, where they are linked to
WhatsApp.
Speaking to reporters on Thursday, the Irish Data Protection Commission,
responsible for enforcing the EU’s General Data Protection Regulation against
Meta, said that it has been informed by WhatsApp that its advertising model
won’t roll out in the EU until 2026.
“That new product won’t be launching [in] the EU market until 2026. We have been
informed by WhatsApp and we will be meeting with them to discuss any issues
further,” said Commissioner Des Hogan.
He added that the advertising model will be discussed with other data protection
authorities “so that we can reflect back any concerns which we have as European
regulators.”
A spokesperson for WhatsApp confirmed that the advertising model is a “global
update, and it is being rolled out gradually around the world.”
Meta said in the announcement that the new features are built “in the most
privacy-oriented way possible,” and has emphasized that sharing of data between
WhatsApp, Instagram and Facebook will only happen when users have opted in to
having their accounts linked.
The U.S. social media giant previously paused the rollout of flagship artificial
intelligence technology in the EU over privacy concerns from the Irish
regulator.
Commissioner Dale Sunderland said that regarding WhatsApp’s advertising model,
they “haven’t had that sort of conversation” with the company.
“We’re still early days, we’ll engage as we do with every other new feature, new
issue that they bring to us … and at this stage, it’s too early to say what, if
any, will be any red line issues,” he said.
BRUSSELS — The European Union’s most iconic tech law was long thought to be
untouchable.
Those days are over.
The EU executive on Wednesday will present its plan to amend the General Data
Protection Regulation, GDPR for short, to ease reporting requirements for small
and cash-strapped businesses. That same evening, EU officials are negotiating
the final details of a separate law that’s meant to fix some of what’s seen as
the GDPR’s original design flaws.
It’s the latest law to fall victim to the European Commission’s drive to slash
red tape and “simplify” EU legislation for the benefit of businesses and growth.
The EU’s landmark economic report by former Italian Prime Minister Mario Draghi
warned in September that Europe’s complex laws were preventing its economy from
keeping up with the United States and China. Draghi singled out the GDPR in
particular as hampering innovation.
Digital rights groups and EU insiders often praise the GDPR for setting the
global standard for the protection of privacy. For many businesses, though, it
is seen as a symbol of costly, burdensome EU rules.
But changing the GDPR threatens to topple a delicate balance between privacy
activists and business lobbies in Brussels.
Mario Draghi singled out the GDPR in particular as one of the laws hampering
innovation. | Teresa Suarez/EFE via EPA
Negotiations on the GDPR from 2012 to 2016 triggered one of the biggest lobbying
efforts Brussels has ever seen. Since it took effect in 2018, the EU has steered
clear of amending it, fearing it would reignite the vicious lobbying war.
The Commission has preempted some of those worries, saying its simplification
proposals will be limited to easing reporting requirements and won’t touch the
underlying principles of the GDPR.
A review of the law last summer showed “the need for greater support [for]
businesses, especially SMEs, in their compliance efforts,” Justice Commissioner
Michael McGrath said.
Emails seen by POLITICO earlier this month showed the proposal is expected to
extend reporting exemptions currently reserved for SMEs (with fewer than 250
employees) to mid-cap companies (with fewer than 500 employees). It would also
create more exemptions for these smaller businesses, freeing them from keeping
records or preparing privacy impact assessments.
On Wednesday evening, negotiators will head into final crunch talks to agree on
extra rules to speed up GDPR investigation procedures. The new rules aim to spur
sluggish cross-border data protection probes, which can drag on for years and
often involve Big Tech companies.
The goal is to set clearer ground rules for how national data protection
regulators work together, clarify the rights of complainants and those being
investigated during the process, and, crucially, set concrete deadlines for
investigations.
According to four people familiar with the negotiations, most of the text has
already been agreed, and the main things left to be hammered out on Wednesday
evening are the length of deadlines and judicial remedies.
The EU is unlikely to stop there in its efforts to trim its famed privacy law.
When consulting companies and experts about Wednesday’s proposal, the Commission
said there could be “possible future reflection on the application of the GDPR.”
In a separate consultation about an upcoming Data Union Strategy, it also
name-checked the GDPR as one law on the table for possible “consolidation.”
And countries have asked the EU executive to clarify how the new Artificial
Intelligence Act interacts with the GDPR, according to a document obtained by
POLITICO.
Pieter Haeck contributed reporting.
EU privacy regulators have for the first time taken aim at Beijing’s sweeping
surveillance laws in a ruling that threatens to cut off data pipelines with
China to protect Europeans.
Ireland’s powerful privacy regulator slapped TikTok with a €530 million fine on
Friday, ruling it illegally sent data to China and couldn’t guarantee this was
safe from government snooping.
The decision is a watershed moment for Europe’s relationship with Beijing when
it comes to the bloc’s flagship data privacy rules and has significant
implications for any company transferring personal data from the EU to China.
Friday’s ruling means the “screw is turning” on data flows to China, said Joe
Jones, research director at the International Association of Privacy
Professionals, which represents people working in the world of privacy globally.
“We’ve had over a decade of EU-U.K., EU-U.S. fights and sagas on [data flows].
This is the first time we’ve seen anything significant on any other country
outside of that transatlantic triangle — and it’s China,” said Jones.
Most high-level enforcement of the EU’s General Data Protection Regulation
(GDPR) has so far targeted American tech giants, as Europe and the United States
have bickered over legal protections for personal data sent across the
Atlantic.
Chinese surveillance and data privacy breaches remained out of the EU’s
crosshairs but the growth in popularity and EU presence of big Chinese players
has now cast a spotlight on Beijing’s techno-authoritarian tendencies.
Earlier this year, six Chinese companies (AliExpress, SHEIN, Temu, WeChat and
Xiaomi as well as TikTok) were the target of complaints filed with European data
protection authorities by Austrian privacy group Noyb, founded by privacy
activist Max Schrems.
The third-largest fine ever for a breach of the EU’s data protection rulebook,
Friday’s decision by Ireland’s Data Protection Commission highlights that
China’s laws are fundamentally at odds with European data protection principles.
The fact that the Irish decision was backed by all European data protection
authorities with no objections is “pretty significant,” Jones said. “I expect
the question of where data can flow, and how, will quickly become part of the
conversation on competitiveness.”
TikTok, in its response, said the ruling “risks setting a precedent with
far-reaching consequences for companies and entire industries across Europe that
operate on a global scale,” and “delivers a blow to the European Union’s
competitiveness.”
The decision is a watershed moment for Europe’s relationship with Beijing when
it comes to the bloc’s flagship data privacy rules and has significant
implications for any company transferring personal data from the EU to China. |
Erik S. Lesser/EFE via EPA
The ruling, and especially the fact that TikTok had been storing a limited
amount of European user data on Chinese servers, is also likely to prick the
ears of U.S. authorities which are trying to force a sale of TikTok from Chinese
parent ByteDance to a U.S. owner.
The U.S. has similar concerns over how Chinese authorities can access Americans’
data. TikTok has repeatedly insisted it does not store U.S. data in China.
THE €530 MILLION QUESTION
TikTok has been working for years to stave off a heavy fine.
Companies sending EU data to China don’t have an overarching legal framework for
this as they would for territories such as the U.S. — instead they rely on
individual contracts, through which China-based companies receiving EU data
pledge to follow EU protections.
Two years after the Irish investigation was launched, TikTok also unveiled a €12
billion plan called Project Clover to assuage EU concerns over Chinese
surveillance through the app. This centered around keeping European users’ data
on servers in Europe and allowing a European security company far-reaching
access to audit cybersecurity and data protection controls. Just this week,
TikTok confirmed a €1 billion investment in a new data center in Finland.
The question now being asked by TikTok and other European businesses sending
data to China is: If specific contracts and locating data servers in the EU is
not enough to please regulators, then what is?
TikTok said on Friday it was “disappointed to have been singled out” despite it
relying on the “same legal mechanism employed by thousands of other companies
providing services in Europe.”
“If the extensive measures implemented under Project Clover … as well as
independent, third-party monitoring are deemed insufficient, it’s reasonable to
ask: what would be considered sufficient?” said Christine Grahn, TikTok’s head
of public policy and government relations for Europe.
TikTok now has six months to find a way to make its data transfers to China
compliant with the GDPR or shut off the flow of EU data to China entirely.
The company has said it plans to challenge the decision, which will delay the
six-month ultimatum. But any business taking a similar legal approach to TikTok
will now be in the dark about how it can legally send data to China.
‘GREY ZONE’
Chinese laws like the Anti-Terrorism Law, the Counter-Espionage Law, the
Cybersecurity Law and the National Intelligence Law give the government sweeping
powers to order Chinese companies to hand over data.
Tim Rühlig, senior analyst for Asia and Global China at the European Union
Institute for Security Studies said that there is currently a legal “gray zone”
in terms of how those surveillance laws apply to data stored outside of China.
“It’s a one-size-fits-all clause that says organizations [and] natural persons
of China have to comply with security services when asked something. I have a
hard time seeing a Chinese company saying, ‘Sorry that that piece of data that
you’re asking for lies on a European server,’” he said.
Rogier Creemers, lecturer in Modern Chinese Studies at Leiden University, said
it was “notoriously difficult to monitor” how often Chinese authorities actually
use these powers, but the risk that EU citizen data will be snooped on is “not
zero.”
Although the Irish regulator’s decision is specifically related to TikTok’s data
handling practices, Creemers said that other companies sending data to China
will “definitely reassess their own compliance strategies with the GDPR, and
whether those compliance strategies will need to be revised.”
TikTok has to pay €530 million in penalties because it sent the personal data of
Europeans to China illegally and wasn’t transparent enough with users, Ireland’s
powerful privacy regulator said Friday.
The Irish Data Protection Commission (DPC) said TikTok breached the EU’s
flagship data protection rules when it sent European user data to China because
it couldn’t guarantee that the data was protected under China’s surveillance
laws.
Taking a stance on data transfers to China for the first time, the regulator
said TikTok failed to adequately assess the implications of Chinese surveillance
laws on Europeans’ data.
Those laws — which give the Chinese government sweeping powers to order
companies to hand over data — “materially diverge from EU standards,” TikTok
acknowledged during the inquiry.
The regulator also said TikTok breached transparency rules between 2020 and 2022
because it didn’t tell users that personal data was being transferred to China.
It noted that TikTok updated its privacy policy in 2022 and is now “compliant.”
The company has been fined €485 million for its data transfers to China and €45
million for the lack of transparency in its privacy policy.
The fine is the third-largest ever for a breach of the EU’s General Data
Protection Regulation. TikTok has its EU headquarters in Ireland, meaning the
Irish DPC is the lead authority in charge of enforcing the EU rules.
TikTok had for years claimed it did not store European or American user data on
servers in China, but in April informed the regulator that it had discovered in
February that “limited EEA User Data” had in fact been stored in China.
Irish DPC Deputy Commissioner Graham Doyle said the regulator was taking this
discovery “very seriously,” and while TikTok has said it deleted the data on
Chinese servers, was considering “what further regulatory action may be
warranted.”
TikTok has been given six months to bring its data processing practices in line
with the EU’s privacy rules, or suspend all data transfers to the country.
TikTok said it “strongly contest[s]” the Irish DPC’s findings and plans to
appeal in full.
“Beyond the DPC’s failure to substantively consider the extensive safeguards
[already implemented by Tiktok], we are disappointed to have been singled out
despite relying on the same legal mechanism employed by thousands of other
companies providing services in Europe,” said Christine Grahn, TikTok’s head of
public policy and government relations for Europe, in a written statement.
TikTok pointed to its €12 billion investment in Project Clover, which is rolling
out data centers in Europe to store data locally in the EU, as well as other
privacy safeguards. The Irish DPC acknowledged the project but said it was not
enough to sway its decision.
Grahn emphasized that TikTok has “never received a request for European user
data from the Chinese authorities, and has never provided European user data to
them.”
She said that the Irish DPC ruling “risks setting a precedent with far-reaching
consequences for companies and entire industries across Europe that operate on a
global scale,” and “delivers a blow to the European Union’s competitiveness.”
Ireland’s privacy regulator launched an investigation on Friday into how social
media platform X has used Europeans’ personal data to train its artificial
intelligence model Grok.
The move to target the platform owned by Elon Musk, tech billionaire and
right-hand man to United States President Donald Trump, is likely to stoke
further tensions between the EU and U.S. over Europe’s tech rules and
regulations.
The probe by Ireland’s Data Protection Commission (DPC) looks into how personal
data “in publicly-accessible posts” on X were processed to train Grok, the
regulator said in a statement on Friday.
Musk’s AI startup xAI has been developing a group of AI models under the name
Grok, which are used to power things like the AI chatbot available on the X
platform.
Grok’s gobbling of EU data was already the subject of scrutiny from the Irish
regulator last year, when X — after a battle in the Irish courts — agreed to
suspend the use of EU citizens’ data to train its AI models.
The Irish regulator said on Friday that its new investigation will examine
whether X has been complying with the EU’s General Data Protection Regulation
(GDPR), including whether data was processed lawfully and according to
transparency rules.
X did not immediately respond to a request for comment.
BRUSSELS — The European Commission and South Korea agreed a digital trade deal
on Monday that will slot into their existing free-trade agreement, with EU trade
chief Maroš Šefčovič calling it “nothing short of a major milestone.”
The deal amounts to a vote of confidence from Seoul in how the EU regulates tech
and e-commerce, and comes as U.S. President Donald Trump appears likely to
launch a trade war on Brussels. One target that Trump’s political allies and
U.S. Big Tech have in their sights is the bloc’s digital rulebook, which they
view as an unfair market barrier.
“Politically, it’s an important signal,” a Commission source said ahead of the
announcement, referring to the EU’s push to diversify its foreign trade as the
$1.7 trillion transatlantic commercial relationship with America deteriorates.
“There might be more like-minded countries for the EU to work with than you
would have thought,” added the source, who was granted anonymity to speak
freely. The EU has racked up accords in recent months, including with the
Mercosur bloc of South American countries and with Mexico — and wants to do a
free-trade deal with India this year.
Šefčovič announced the agreement in Brussels after meeting with Korean Trade
Minister Cheong In-kyo.
In comments to reporters, he emphasized the importance of the digital deal as
efforts to head off a transatlantic trade escalation stall.
Although the European Union’s “doors are open,” the United States “does not seem
to be engaging to make a deal” to avoid a tariff war ahead of the planned
reimposition of U.S. tariffs on steel and aluminum on Wednesday.
“We jointly identified the few areas that would allow us to move forward by
fostering a mutual benefit. But in the end, one hand cannot clap,” Šefčovič
said.
The trade commissioner also placed a call with his Thai counterpart on Monday,
ahead of a round of negotiations on a trade deal later this month. And he
namechecked ongoing talks with Indonesia, Malaysia, the Philippines and partners
in the Middle East to deepen commercial ties.
DIGITAL DEALINGS
Digital trade deals cover data flows, security around personal data, and
business-enabling technologies such as digital contracts.
In the Commission’s words, the Korean deal will “build consumer trust; ensure
predictability and legal certainty for businesses, as well as trusted data
flows; while removing and preventing the emergence of unjustified barriers to
digital trade.”
President Yoon Suk-yeol was impeached in December and arrested in January after
controversially declaring martial law last year. | Chung Sung-Jun/Getty Images
It’s significant in light of the political crisis in South Korea.
President Yoon Suk-yeol was impeached in December and arrested in January after
controversially declaring martial law last year. Yoon awaits judgment after a
court completed hearings last month.
Prime Minister Han Duck-soo, who was seen as attempting to obstruct Yoon’s
impeachment, was impeached himself, leaving Finance Minister Choi Sang-mok in
charge of the presidency and the prime minister’s office.
Šefčovič and Cheong met in Brussels on Monday for the annual EU-Korea Trade
Committee that oversees implementation of the broader trade agreement, which
dates back to 2011.
The two sides began discussing the deal in the fall of 2023, right after the EU
announced it had reached such an agreement with Japan. Digital issues were not
included in the trade negotiations with Japan and Korea because the EU at the
time was working on its landmark GDPR privacy legislation.
Šefčovič also said the EU wants to close a similar deal with Singapore in the
next few months.
The EU has already made similar data rules part of agreements with trade
partners such as New Zealand and the U.K.
This story has been updated.