X has updated its terms for US and non-EU users while keeping the EU, EFTA, and UK terms the same; which version applies to you depends on where you live.
This analysis describes what X's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
The document establishes that materially different terms apply to users based on their jurisdiction, with EU and UK users retaining access to Digital Services Act and Online Safety Act redress mechanisms not reflected in the updated non-EU terms.
US users are subject to the updated terms while EU and UK users remain under the prior version, meaning that changes to content licensing, liability, and enforcement provisions in the updated terms apply to US users but not to EU or UK users. Users who have relocated between jurisdictions should determine which terms apply to their current location.
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"X's Terms of Service for users outside the European Union, EFTA States, or the United Kingdom (including in the United States) have been updated. X's Terms of Service for users in the European Union, EFTA States or the United Kingdom remain unchanged.— Excerpt from X's X Terms of Service
REGULATORY LANDSCAPE: This dual-track structure reflects X's response to differing regulatory obligations under the EU Digital Services Act (Regulation (EU) 2022/2065) and the UK Online Safety Act 2023 versus the less prescriptive US regulatory environment. The European Commission (DSA), Ofcom (OSA), and national data protection authorities are the primary regulators for EU and UK terms respectively. GOVERNANCE EXPOSURE: Medium. The dual-track structure creates compliance complexity for multinational organizations whose employees or user bases span both tracks. Organizations need to determine which terms govern each user population and ensure that EU/UK redress mechanisms are accessible to qualifying users. JURISDICTION FLAGS: The EU and UK tracks preserve access to DSA out-of-court dispute settlement and OSA internal complaints processes. Non-EU users, including US users under the updated terms, do not have equivalent statutory redress pathways referenced in their terms. Users who access X from multiple jurisdictions may face ambiguity about which terms apply. CONTRACT AND VENDOR IMPLICATIONS: Organizations with international operations using X as a communications platform should document which terms version governs each user segment and ensure compliance with applicable regional obligations. EU-based subsidiaries of US companies should confirm they are treated as EU users for terms applicability purposes. COMPLIANCE CONSIDERATIONS: Legal teams should map user populations to the applicable terms track, review what substantive changes were made in the updated non-EU terms, and assess whether the updated provisions create new compliance or contractual obligations for their organization.
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The document establishes that materially different terms apply to users based on their jurisdiction, with EU and UK users retaining access to Digital Services Act and Online Safety Act redress mechanisms not reflected in the updated non-EU terms.
US users are subject to the updated terms while EU and UK users remain under the prior version, meaning that changes to content licensing, liability, and enforcement provisions in the updated terms apply to US users but not to EU or UK users. Users who have relocated between jurisdictions should determine which terms apply to their current location.
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