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Dutch DPA Unable To Take Action Against Netflix

ONLINE PRIVACY—LUXEMBOURG & THE NETHERLANDS

October 9, 2013

Online streaming service Netflix has been found in violation of Dutch privacy law, but the nation’s data protection authority is unable to take action because the company’s European headquarters is located in Luxembourg, ZDNet reports. If the company had been located in The Netherlands or outside of Europe, the regulator would have been able to take action. According to Dutch law, businesses need explicit consent from customers prior to processing data that can be directly or indirectly traced back to an individual. Sander Dekker, The Netherlands’ secretary of education, said, “Netflix gathers so much information of its customers that this can be considered extremely sensitive data … customers must give their express consent for that, which, in case of Netflix, they have not.”
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