What are Apple's and Google's Decisions? The AI Cold War Frontline Shaken by the DeepSeek Removal Request

1. Introduction ─ The "DeepSeek Shock" and Europe's Privacy Defense Line

In the early hours of June 27, the news that greeted Berlin citizens marked another instance of a Chinese AI company being repelled by the "European wall," on the seventh anniversary of the EU General Data Protection Regulation (GDPR) coming into effect. Meike Kamp, Berlin's Data Protection and Information Freedom Commissioner, stated, "The Chinese authorities have extensive access rights to personal data held by their domestic companies. DeepSeek could not demonstrate an equivalent level of protection," and recommended Apple and Google to immediately halt the app distribution.reuters.com

2. What is DeepSeek?

DeepSeek is an LLM-based chatbot released in January 2025. According to the company, it "achieves GPT-4 equivalent performance at one-tenth the cost," and surpassed 5 million downloads in Europe within three weeks of its release, earning the nickname "Black Ship AI." However, behind the scenes, there have been allegations of using open-source LLMs and reports of technical cooperation with the Chinese military and intelligence agencies, making it a subject of scrutiny by authorities in various countries.reuters.com

3. Timeline Leading to the German Recommendation

• Early March: The German Federal Office for Information Security (BSI) began investigating the server location of DeepSeek.

• May 10: Kamp requested DeepSeek to provide evidence of the legality of data transfers to non-EU countries or to voluntarily withdraw. No response was received.reuters.com

• June 27: Deadline passed without a response. Kamp formally notified Apple and Google to request removal. TechCrunch reported the news.techcrunch.com

4. Direct Confrontation with EU Regulations

Article 44 of the GDPR restricts the transfer of personal data outside the EU to cases of "adequacy decisions" or "standard contractual clauses (SCCs)." China's Cybersecurity Law/National Intelligence Law imposes obligations on companies to submit data for national security reasons, which the EU views as "structurally incompatible." DeepSeek did not demonstrate the application of SCCs and explicitly stated in its privacy policy that data is stored on servers located in Beijing.euronews.com

5. Precedents: Italy, Netherlands, United States

• Italy: The Data Protection Authority (GPDP) imposed a distribution suspension in April. Review is ongoing.

• Netherlands: Banned on government employee devices.

• United States: A group of senators is preparing a "Ban on Chinese AI" bill.reuters.comreuters.com

6. The Storm of Opinions on Social Media

6.1 X (formerly Twitter)

• @greatfirechina"Germany is also moving to exclude DeepSeek. Did you really think a censorship state would respect EU privacy?"x.com

• @pauljasperdev"If Apple and Google don't act, they'll be the ones crying over GDPR fines."twitter.com

6.2 Reddit/Hacker News

• In the r/MachineLearning thread, the suggestion that "DeepSeek is fine-tuning OpenAI models" resurfaced.reddit.com

• On HN, the debate focused on the "national security vs. open-source freedom" narrative, with some arguing that "DeepSeek is being overly scrutinized."news.ycombinator.com

7. Corporate Silence and Legal Next Steps

Apple and Google responded only by stating they are "reviewing the request" and refrained from further comment (as of the morning of June 28). Even if a GDPR violation is not confirmed, the Digital Services Act (DSA) imposes a swift obligation on platforms to remove "illegal or harmful" content. Delayed action could realistically lead to penalties of up to 6% of annual revenue.reuters.com

8. DeepSeek's Claims and Counterarguments

DeepSeek Technology (Beijing) countered in a blog post, stating that "data is encrypted and measures equivalent to EU protection are in place." However, they have not presented specific SCCs or audit reports, leading German authorities to reject their claims as not meeting formal standards.euronews.com

9. Perspectives from Cybersecurity Experts

Linus Neumann of the German Chaos Computer Club (CCC) pointed out that "the inherent risk lies more in the unverifiable black-box nature of the LLM than in the cloud location." In contrast, Nina Wiese, an associate professor at the Technical University of Berlin, expressed concern that "excluding based on nationality accelerates economic bloc formation in the AI sector."

10. Implications for Global AI Geopolitics

This recommendation could potentially become the first instance where the effectiveness of "EU-style digital sovereignty" under GDPR and DSA is fully exercised against Chinese entities. Simultaneously, it highlighted that European privacy standards could directly impact U.S. big tech. The U.S. is considering restrictions citing national security, while Russia is advancing partnerships with DeepSeek, symbolizing the multipolarization of the AI Cold War.reuters.com

11. Future Scenarios

1. Removal Decision: Apple/Google voluntarily remove it from their stores.

2. Temporary Suspension: Updates halted + new downloads prohibited, but current users can continue.

3. Legal Battle: DeepSeek files an objection with the German Administrative Court, aiming to continue distribution until a ruling.

4. Server Relocation & SCCs Agreement: Move data centers outside China and establish EU standard contractual clauses.

In any case, it has become a challenging era for non-EU companies to continue operations without demonstrating "transparency + accountability + technical implementation" when processing user data within the EU.

12. Conclusion

The DeepSeek issue is not merely a recommendation to suspend the distribution of one app. It highlights a new norm where Europe's "personal data sovereignty" and China's "national security priority" legal systems are in direct conflict, with U.S. big tech caught in the middle.