Streaming, subscriptions and digital content

• Regulation (EU) 2016/679 — GDPR, Article 27
• Directive (EU) 2019/770 — digital content and services
• Directive 2011/83/EU — consumer rights as amended
• Regulation (EU) 2018/302 — geo-blocking
• Directive 2010/13/EU — audiovisual media services
• Regulation (EU) 2022/2065 — DSA

Who has to appoint one

Providers established outside the Union offering streaming or subscription services to consumers in the EU. Three bodies of law apply at once: data protection for the subscriber and viewing data, consumer law for the contract, and audiovisual media rules for on-demand video services targeting a member state.

Thresholds and exemptions

No threshold for the data obligations. Audiovisual media service obligations, including the 30% European works quota for on-demand catalogues, apply to services under the jurisdiction of a member state, with exemptions for low turnover or low audience.

What must appear on the label

Not physical. The representative's identity in the privacy notice, the pre-contractual information required by consumer law including the total price and renewal terms, and clear cancellation information. Under the DSA, advertising must be identifiable with the advertiser named.

Marketplace fields

App stores enforce their own subscription disclosure rules. Consumer authorities have acted across the Union on automatic renewals, difficult cancellation flows and unclear pricing, and the CPC network coordinates these actions.

Documentation you must hold

Article 30 records covering account, payment, viewing and recommendation data. The Article 27 designation. Consent records for non-essential tracking. Data protection impact assessment where profiling drives recommendations. Terms that comply with the digital content Directive on conformity, remedies and modification of the service. Where user content is hosted, the DSA notice-and-action mechanism.

Standards and testing

Not applicable, though cancellation and consent flows are examined directly by authorities and consumer organisations.

Language requirements

Contract terms, cancellation information and privacy notices in the language of each market targeted.

When it applies

The representative before processing begins. Consumer information before the contract is concluded. The digital content Directive has applied to contracts since 1 January 2022.

How long records are kept

Subscriber data for the contract period plus statutory retention. Viewing histories used for recommendations need a defined retention period rather than indefinite storage.

What happens if you do not comply

Up to €20 million or 4% of turnover for unlawful processing, and consumer law penalties up to 4% of annual turnover in the member states concerned for widespread infringements. Geo-blocking breaches are enforced separately and attract national fines.

Who enforces it

Data protection authorities, consumer protection authorities through the CPC network, national audiovisual regulators, and Digital Services Coordinators.

Where the boundary lies

Content licensing restrictions are permitted for audiovisual services, so geo-blocking rules do not force pan-European catalogues, but portability for subscribers temporarily in another member state is mandatory. Cancellation design is where most enforcement lands: a subscription that takes one click to start and five to cancel is treated as an unfair practice.

Questions we are asked

Does the geo-blocking Regulation force us to stream everywhere?

No. Audiovisual content is carved out for licensing reasons, but the portability Regulation requires access for subscribers temporarily in another member state.

Are recommendation algorithms regulated?

Under the DSA platforms must explain the main parameters, and profiling of minors for advertising is prohibited. The GDPR applies to the underlying processing throughout.