The transfer of personal data from the European Union to the People’s Republic of China – the infl uence on consumer rights of the lack of transparency in data transfers
The transfer of personal data from the European Union to the People’s Republic of China – the infl uence on consumer rights of the lack of transparency in data transfers

Summary/Abstract: This paper addresses the issue of personal data transfers from a territory within the European Unionto the People’s Republic of China (hereinafter: China). The underling research was designed to assessthe privacy policy provisions on data transfer to third countries, particularly China. The analysis coveredthe privacy policies of selected Chinese entrepreneurs operating in the territory of the EuropeanUnion, namely Xiaomi, Aliexpress and WeChat. These entities belong to the most popular Chinesebusinesses present in the European market. The analysis corroborated that ‘contractual clauses’were most commonly used out of the ‘appropriate safeguards’ covered by Article 46 GDPR. However,what the analyzed privacy policies had in common was the lack of a transparent description of thedata transfers they conduct. In particular, the privacy policies did not indicate whether all of the datatransfers to third countries, including China, were covered by the same appropriate safeguards. Inaddition, Xiaomi, Aliexpress, and WeChat did not explain how third-country laws, particularly Chineselaws, would affect the effectiveness of the appropriate safeguards they apply. Thus, the analysisproved that appropriate safeguards do not ensure adequate protection of the rights and freedomsof individuals when their data are transferred to China. Therefore, it is proposed that a data transferagreement should regulate data transfers from the territory within the European Union to China. Suchan agreement should be modelled on the agreements between the European Union and the USA.

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