Netflix promised endless sharing but the rules of the game were set. Restless data protection: is the wolf coming? (with João Paulo Mioludo)

"When subscribing to the service and therefore the beginning of the contractual relationship, the user accepts the terms and conditions", being "underlying that the account cannot be shared outside the respective residence". Therefore, continues João Paulo Mioludo, partner at SRS Legal, if you decide to share your login credentials with people who do not live in your home, you are "in breach of contract".
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As Netflix's content is protected by copyright and other intellectual rights, "what would be at stake here would be the practice of the crime of usurpation, provided for in the Code of Copyright and Related Rights, which essentially consists of the unauthorised use of intellectual works, in this case content relating to series, films, documentaries," says João Paulo Mioludo. "Ultimately, anyone accessing this content in this way [through accounts shared with people who do not live in the same house] would be doing so in an unauthorised way, so I would not be repulsed to accept that such a situation could constitute the crime of usurpation. In any case, I am convinced that Netflix's intention is not to prosecute any offending users," he added, in a written statement sent to Observador.
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SRS Legal's position is more moderate. João Paulo Mioludo admits "that the issue is not consensual" and is even "controversial from the point of view of data protection, as personal data collection and processing activities may be at stake". Even so, he recalls that "Netflix already has in its possession information about users' accounts to provide its services", so he does not foresee that "access to these accounts is illegal for the purposes intended".
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João Paulo Mioludo, partner at SRS Legal, agrees and considers that "there are currently other platforms competing with Netflix which, in addition to offering interesting services, do not seem to be willing to adopt the same policy announced" by the California-based platform, which could make them gain subscribers over the coming months.