Policy set by whom?

That of a commercial company, which does not have a legal mandate (at least not in the EU) to make make rules that violate EU law (including legal protections), or the US government, which does not have legal jurisdiction over the EU market?

Pick your poison

What? Your position is that if it’s policy and you enforce policy then it’s not discriminatory?

So if a policy or a law says X is disallowed or is unlawful, ipso facto, X can only run afoul of those bodies of governance and can’t be discriminatory? That’s interesting!