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Netflix faces €4.75 mn fine for flawed data strategy and GDPR violations

Netflix, the global streaming giant, is under scrutiny after the Dutch Data Protection Authority (DPA) imposed a fine of €4.75 million for failing to comply with European data protection regulations. This development, almost five years in the making, exposes the company’s disregard for user rights and highlights broader issues in Netflix’s data handling strategies.

The penalty on the streaming giant is small considering the fact Netflix has generated global revenue of $33.723 billion in 2023 as compared with $31.616 billion in 2022 and $29.698 billion in 2021.

A Long-Delayed Decision

The fine stems from a 2019 complaint filed by noyb.eu, a prominent digital rights organization. The complaint pointed out Netflix’s failure to adequately address user access requests as mandated by Article 15 of the General Data Protection Regulation (GDPR). Under GDPR, companies must provide users with a comprehensive copy of their data, alongside details on data sources, recipients, purposes, storage locations, and retention periods.

While the Dutch DPA eventually sided with noyb, the protracted timeline raises concerns about regulatory efficiency and the effectiveness of enforcement mechanisms. Stefano Rossetti, a data protection lawyer at noyb, criticized the delay, stating, “It took almost five years to obtain [this decision], and in a very simple case.”

Data Transparency Failures

Netflix’s failure to inform users about how their data is processed reflects poorly on its commitment to transparency and user trust. The company reportedly did not provide clear information about its data practices, and, shockingly, could not even deliver a complete copy of the complainant’s data.

Such lapses are emblematic of a broader pattern of negligence by major tech companies. Of the eight complaints filed by noyb in 2019 against companies like Amazon, Apple Music, Spotify, and YouTube, none fully complied with GDPR requirements.

A Tarnished Reputation

Netflix’s response to the fine further underscores its dismissive attitude. The company has objected to the fine and may appeal the decision, signaling an unwillingness to address the root causes of its GDPR violations. This defensive posture contrasts sharply with growing consumer expectations for accountability and transparency.

Moreover, the timing of this controversy is particularly damaging for Netflix. As competition in the streaming industry intensifies, user trust is a critical differentiator. Netflix’s data strategy — or lack thereof — could alienate privacy-conscious customers and erode its brand reputation.

Broader Implications for Big Tech

Netflix’s missteps are part of a larger issue of systemic non-compliance among tech giants. Despite GDPR being in force since 2018, major corporations continue to sideline user rights, banking on slow regulatory processes to delay accountability.

The fine imposed by the Dutch DPA is a step in the right direction, but experts argue that more stringent enforcement and faster resolution of cases are necessary to ensure compliance. For Netflix, the road to redemption lies in embracing a more transparent and user-centric approach to data handling.

As the case progresses, the streaming provider faces a critical decision: overhaul its data practices or risk further regulatory and reputational fallout. If Netflix fails to act decisively, its “binge-worthy” reputation may soon extend to regulatory penalties.

Baburajan Kizhakedath

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