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Irish Supreme Court Lets TikTok Keep EUChina Data Flows During Appeal

The court said the standard for granting a pause on enforcement rests in Irish law, with the final outcome to be decided by the High Court.

Overview

  • TikTok won a Supreme Court ruling Thursday that keeps its EU‑to‑China data transfers in place while it appeals an Irish regulator’s order to stop them.
  • The Irish Data Protection Commission fined TikTok €530 million last May and ordered a halt to transfers unless its processing met EU privacy rules.
  • The High Court had already paused the ban in November after finding limited short‑term risk to users and hard‑to‑measure harm to TikTok from a suspension.
  • The Supreme Court ruled unanimously that the legal test for a stay is a matter of national law in Ireland rather than EU law.
  • The underlying dispute continues in the High Court, where a ruling on TikTok’s appeal could shape how Europe polices remote access to user data, even as users see no immediate change to the app’s service.