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GDPR Compliance Risk

Max (HBO Max) is a US-based service subject to the CLOUD Act. EU organizations using this service risk non-compliance with GDPR data transfer requirements.

Max (HBO Max) logo

GDPR-Compliant Alternative to Max (HBO Max)

๐Ÿ‡บ๐Ÿ‡ธWarner Bros. Discovery ยท US-based ยท Subject to CLOUD Act

Max is a streaming service from Warner Bros. Discovery that offers a wide range of movies, TV shows, and original programming. Users can access content from HBO, Warner Bros., and other networks, including documentaries and children's programming. Available on various devices, Max provides on-demand viewing and personalized recommendations.

Why You Need a GDPR-Compliant Alternative to Max (HBO Max)

Since the landmark Schrems II ruling in 2020, transferring personal data to US-based services like Max (HBO Max) has become a significant legal risk for EU organizations. The US CLOUD Act gives American authorities the power to access data held by US companies, regardless of where that data is physically stored โ€” even if it's in an EU data center.

While the EU-US Data Privacy Framework (DPF) adopted in 2023 provides a new legal basis for transfers, privacy experts and legal scholars have raised concerns about its long-term viability. The framework could face the same fate as its predecessors (Safe Harbor and Privacy Shield), both of which were struck down by the Court of Justice of the EU.

For organizations that want to eliminate compliance risk entirely, switching to a European-based streaming & entertainment is the most straightforward solution. Below are the best GDPR-compliant alternatives to Max (HBO Max), all headquartered in Europe with data stored in EU data centers.

CLOUD Act Exposure

US authorities can access your data stored by Max (HBO Max), even if servers are located in Europe.

GDPR Fine Risk

Non-compliant data transfers can result in fines up to 4% of annual global revenue under GDPR Article 83.

EU Alternative Available

2 GDPR-compliant European alternatives available with full EU data residency.

2 GDPR-Compliant Alternatives to Max (HBO Max)

European services with full GDPR compliance and EU data residency

Viaplay logo

Viaplay

๐Ÿ‡ช๐Ÿ‡บ

by Viaplay

Stream de nieuwste hitseries en films, klassieke films, live sport en kindershows op Viaplay. Zoveel te kijken - altijd en overal.

GDPR CompliantEU-hosted
paidMigration:โ—โ—โ—

Why switch?

  • Viaplay offers live sports streaming, including football and hockey.
  • Kid-friendly content library includes popular series and movies for children.
  • Personalized recommendations enhance user experience based on viewing habits.

Consider

  • Missing HBO Originals and Warner Bros. movies available on Max.
  • Migration may require re-subscribing and losing existing watchlists.
Mubi logo

Mubi

๐Ÿ‡ช๐Ÿ‡บ

by Mubi

Watch truly great cinema. Wherever you are. From iconic, award-winning directors to emerging auteurs. Transformative films from all over the world. Stream Now. Download to watch Offline. Start your free 7 day trial now.

paidMigration:โ—โ—โ—

Why switch?

  • Mubi offers a curated selection of 30 films each month.
  • Mubi focuses on independent and international cinema, unlike Max.
  • Mubi allows offline downloads for all films, enhancing accessibility.

Consider

  • Max has a larger library with HBO originals and DC content.
  • Mubi's rotating catalog means favorite films may disappear quickly.

Quick GDPR Compliance Comparison

ServiceHQ LocationGDPR NativeEU Data CentersCLOUD Act FreePricing
๐Ÿ‡บ๐Ÿ‡ธMax (HBO Max)
United StatesNoPartialNopaid
๐Ÿ‡ช๐Ÿ‡บViaplayEUYesYesYespaid
๐Ÿ‡ช๐Ÿ‡บMubiEUYesYesYespaid

Frequently Asked Questions

Is Max (HBO Max) GDPR compliant?

Max (HBO Max) is a US-based service operated by Warner Bros. Discovery. While it may have some GDPR compliance measures, as a US company it is subject to the CLOUD Act, which allows US authorities to access data stored by US companies regardless of where the data is physically located. This creates a fundamental conflict with GDPR requirements for data protection.

What are the GDPR risks of using Max (HBO Max)?

The main GDPR risks include: (1) Data transfers to the US may lack adequate protection since the Schrems II ruling invalidated Privacy Shield, (2) US authorities can demand access under the CLOUD Act, (3) Your organization may face GDPR fines up to 4% of annual revenue for non-compliant data transfers, and (4) User consent may not be sufficient to legitimize transfers given the systematic access by US authorities.

What are the best GDPR-compliant alternatives to Max (HBO Max)?

The top GDPR-compliant alternatives to Max (HBO Max) include Viaplay, Mubi. These European services store your data in EU data centers and are fully subject to GDPR protections.

How do I migrate from Max (HBO Max) to a GDPR-compliant alternative?

Most migrations involve three steps: (1) Export your data from Max (HBO Max) using their data export tools, (2) Create an account with your chosen EU alternative, and (3) Import your data into the new service. We provide detailed migration guides for each alternative to make the switch as smooth as possible.

Can EU companies legally use Max (HBO Max)?

Since the Schrems II ruling (2020), EU organizations face significant legal risk when using US cloud services like Max (HBO Max). While the EU-US Data Privacy Framework (2023) provides a new legal basis, its long-term stability is uncertain. Many EU data protection authorities recommend using EU-based alternatives to avoid compliance risks entirely.

Other GDPR Alternatives in Streaming & Entertainment

Last updated: January 29, 2026