Cross-border portability of online content services

cross border

The European Commission (the “Commission”) is taking its next step on its digital single market strategy by presenting a new proposal for regulation on cross-border portability of online content services in the internal market.

When travelling within the EU you are always free to bring your electronic devices wherever you go. Although this is the case it is quite common that the programs in your device does not allow you to be as free as you want. As for an example your on demand TV subscription usually is limited to your home country despite the fact that you have paid for it. The problem with non-portability is usually due to the licensing practises of right holders or to the commercial practices from the provider of the service. This is noted by the Commission and it has proposed a regulation to overcome the obstacle for the consumer of online content services.

In order to both strengthen the internal digital single market and the consumer rights within the EU the proposal from the Commission is targeting the issue with non-portability of online content services at its core. The main purpose and intention with the proposal is to enable subscribers to use their subscriptions when they are temporarily present in another Member State and if there is any clauses in the contracts which prohibits or limits the cross-border portability of online content services they will be deemed unenforceable.

At this stage it is too early to say what implications and possibilities the proposal will lead to but the proposal is supposed be in force in the year 2017, the same year as the end of roaming charges.

For more information about the proposal, contact David Leffler.

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