Netflix · Netflix Terms of Use

Governing Law — Delaware

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What it is

Netflix's terms are interpreted under Delaware law, but this does not take away consumer protection rights you have under your own state's laws.

Consumer impact (what this means for users)

While Netflix applies Delaware law to these terms, California residents and users in other states with strong consumer protection statutes retain their statutory rights — meaning state-level protections like the California CLRA and ARL still apply to you regardless of the Delaware choice-of-law clause.

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Why it matters (compliance & risk perspective)

Choosing Delaware law benefits Netflix as a corporate-friendly jurisdiction, but the carve-out for mandatory state consumer protection rights is an important protection for users in states with stronger consumer laws like California.

View original clause language
These Terms of Use shall be governed by and construed in accordance with the laws of the state of Delaware, U.S.A. without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.

Institutional analysis (Compliance & legal intelligence)

(1) REGULATORY FRAMEWORK: Choice-of-law clauses are governed by the Restatement (Second) of Conflict of Laws § 187 and state consumer protection statutes that override contractual choice-of-law provisions for mandatory consumer protections. California courts have frequently declined to enforce Delaware choice-of-law clauses where the result would deprive California consumers of protections under the CLRA, UCL, or ARL. The EU Rome I Regulation (593/2008) Art. 6 mandates application of the consumer's habitual residence law for mandatory consumer protections regardless of contractual choice-of-law. (2)

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Applicable agencies

  • State AG
    State attorneys general enforce mandatory state consumer protection laws that may override Netflix's Delaware choice-of-law clause, particularly in California, New York, and Washington.
    File a complaint →

Provision details

Document information
Document
Netflix Terms of Use
Entity
Netflix
Document last updated
April 29, 2026
Tracking information
First tracked
April 28, 2026
Last verified
April 28, 2026
Record ID
CA-P-003910
Document ID
CA-D-00038
Evidence Provenance
Source URL
Wayback Machine
SHA-256
e55219444d903b577b195d23758b68a220657f7953d4e952df4584affc2d04b2
Verified
✓ Snapshot stored   ✓ Change verified
How to Cite
ConductAtlas Policy Archive
Entity: Netflix | Document: Netflix Terms of Use | Record: CA-P-003910
Captured: 2026-04-28 08:52:47 UTC | SHA-256: e55219444d903b57…
URL: https://conductatlas.com/platform/netflix/netflix-terms-of-use/governing-law-delaware/
Accessed: May 2, 2026
Classification
Severity
Low
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