On January 28, 2025, the Italian Data Protection Authority (“Garante”) announced that it had launched an investigation into the data processing practices of Hangzhou DeepSeek Artificial Intelligence and Beijing DeepSeek Artificial Intelligence (collectively, "DeepSeek"). The investigation focuses on the collection, use and storage of personal data in relation to DeepSeek’s chatbot services.

Key Areas of Inquiry

The Garante indicated that it has formally requested information from DeepSeek with regards the following:

• Details on how DeepSeek collects personal data, including the specific methods and channels used, and which personal data are collected. The Garante is also seeking information on the nature of the data used to train the AI system, including whether personal data is included.
• Clarification on whether data is sourced directly from users, third parties or other mechanisms. Particularly, the Garante is interested in understanding whether personal data is collected through web scraping, and how both registered and unregistered users are informed about such data processing activities.
• Identification of the legal basis relied on to legitimize the processing of personal data.
• Confirmation on whether personal data is stored on servers located in China and compliance with applicable international data transfers requirements.

Next Steps

DeepSeek is required to provide the requested information to the Garante within 20 days. Failure to do so could lead to further regulatory action, including potential enforcement actions. The Garante previously sanctioned OpenAI’s ChatGPT for infringements to certain requirements of the European General Data Protection Regulation following a similar fact-finding inquiry.

Read the Garante’s press release (in Italian and English).