What is mandatory for anyone offering content to European citizens?
In law, the General Data Protection Regulation (GDG) and General Data Protection Regulation (GDPR) lay down strict rules for data processing. These rules also determine where data may be stored and processed, and these rules also apply to videos. Although video content does not contain personal data, it still falls under the GDPR with respect to data protection and processing.
Transparency about server locations is complicated
You have several options when it comes to hosting your audio and video content on different platforms and players. Of the unpaid platforms, YouTube and Vimeo are undoubtedly two of the best known. Both platforms use servers inside and outside the EU, although it is not always clear whether the data of users of your website is stored inside or outside Europe.
For example, although YouTube has taken steps to better comply with GDPR, it still does not offer users a specific option to choose which servers their videos are hosted on. There are also providers where this choice is possible and content will not be moved or replicated outside your chosen region.
The benefits of this:
- Data protection: The EU has strict data protection rules, providing a high level of privacy for users. Video hosting platforms often collect personal data such as IP addresses, viewing history and demographic information. Users often automatically log into these platforms through their mail account. However, this increasingly raises questions as sensitive information may be shared with third parties.
- Legal Certainty: Organisations hosting servers within Europe can benefit from the clear legal frameworks provided by the GDPR.
- User Confidence: Having data hosted within the EU increases user confidence about data privacy.
What you need to know when uploading your own videos
Additionally, as an organisation, it is good to be aware that when you upload your own content to video platforms such as YouTube, you are waiving certain rights. You are granting rights to YouTube to use your content, including the right to reproduce, distribute, modify, display and perform your content. The purpose of this is to perform, promote and improve the service. Even if you delete videos or your account, a copy of the content remains on the servers.
In short, for organisations (in the public sector) in the Netherlands, it is important to choose hosting within Europe and realise what rights they are waiving when they upload the video content to hosting platforms.
Choosing a server location in Europe helps you as an organisation to:
- Stay GDPR compliant,
- Promote transparency,
- Maintain the trust of end users.
This allows you to have peace of mind about the security and privacy of your users.
