Description

High Court granted TikTok application to stay data transfer suspension by Data Protection Commission pending appeal

On 13 November 2025, the High Court granted TikTok's application to stay the data transfer suspension order and corrective order issued by the Irish Data Protection Commission (DPC), pending TikTok's appeal of the DPC's decision. TikTok's application to stay the orders follows the DPC's decision on 2 May 2025 to fine TikTok EUR 530 million and order TikTok to suspend its personal data transfers from the European Economic Area (EEA) to China. TikTok lodged an appeal against the decision on 27 May 2025, which operates as a stay on the requirement to pay the fine. TikTok further argued that the requirements to comply with the suspension order and brings its processing into compliance with the GDPR should also be stayed pending the outcome of the appeal, arguing that compliance would be too expensive, disruptive, and would cause the company irreversible loss. The DPC opposed the stay, arguing that the continued data transfers pose a risk to the fundamental rights of its EEA users. The High Court granted TikTok's request to stay the suspension and corrective orders, on the condition that TikTok undertakes to ensure that its appeal is heard by March 2026 and to notify its users of the DPC's decision in clear language.

Original source

Scope

Policy Area
Data governance
Policy Instrument
Cross-border data transfer regulation
Regulated Economic Activity
platform intermediary: user-generated content
Implementation Level
national
Government Branch
judiciary
Government Body
court

Complete timeline of this policy change

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2021-09-14
under deliberation

On 14 September 2021, the Irish Data Protection Commission (DPC) initiated an investigation into Ti…

2025-02-21
under investigation

On 21 February 2025, the Data Protection Commission (DPC) submitted a draft decision under Article …

2025-05-02
in force

On 2 May 2025, the Irish Data Protection Commission (DPC) fined TikTok Technology Limited EUR 530 m…

2025-05-27
under appeal

On 27 May 2025, TikTok filed an appeal at the High Court against the Irish Data Protection Commissi…

2025-07-14
under investigation

On 14 July 2025, the High Court granted TikTok leave to proceed with a legal challenge against the …

2025-11-13
under investigation

On 13 November 2025, the High Court granted TikTok's application to stay the data transfer suspensi…