Portability Regulation
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Summary
Regulation (EU) 2017/1128 ensures that subscribers to online content services (such as audiovisual media, music streaming, e-books, games or sports content) can access and use those services when they are temporarily present in another EU Member State. It requires providers to enable cross-border portability without additional charges and to treat the use abroad as occurring in the subscriber’s Member State of residence for licensing purposes. The Regulation also sets rules on verifying the subscriber’s Member State of residence and on data protection in that context.
Who is affected?
It affects providers of paid online content services offered in the EU and their subscribers who temporarily travel to another Member State. Providers of free online content services may choose to apply the Regulation if they comply with the verification requirements.
Scope
Applies to online content services provided to subscribers in the EU, enabling access and use when the subscriber is temporarily present in another Member State.
Key Points
- Obligation for providers of online content services to ensure cross-border portability for subscribers temporarily present in another Member State.
- Portability must be provided without additional charges and with the same content, features and quality as in the Member State of residence (subject to the subscriber’s device and network).
- For copyright and related-rights licensing, access and use while abroad is deemed to occur solely in the subscriber’s Member State of residence (country-of-residence fiction).
- Providers must verify the subscriber’s Member State of residence using reasonable and proportionate means; specific verification methods are listed in the Regulation.
- Processing of personal data for verification must be limited to what is necessary and comply with EU data protection rules; data should not be retained longer than necessary.
- Providers of free online content services can opt in to the portability regime if they verify the Member State of residence and inform subscribers accordingly.
Key Deadlines
- — Application date (rules apply from this date)
Related Regulations
Frequently Asked Questions
Who must comply with Regulation (EU) 2017/1128 (Portability Regulation)?
Providers of paid online content services offered in the EU are required to comply. Providers of free online content services may choose to apply the Regulation if they meet the verification requirements.
What is the main objective of the Portability Regulation?
The Regulation ensures that subscribers can access and use their online content services when temporarily present in another EU Member State, without additional charges or restrictions.
Which types of services are covered by the Regulation?
The Regulation covers online content services such as audiovisual media, music streaming, e-books, games, and sports content, provided to subscribers in the EU.
What are the key obligations for service providers under this Regulation?
Providers must enable cross-border portability for eligible subscribers, ensure the same content and quality as in the home country, and verify the subscriber’s Member State of residence using proportionate means.
How is 'temporarily present' defined in the context of the Regulation?
'Temporarily present' refers to subscribers who are in another EU Member State for a limited period, such as for travel, work, or study, while maintaining their residence in their home country.
Are there any additional charges allowed for providing portability?
No, providers must not impose any additional charges for enabling cross-border portability of online content services.
What are the rules regarding copyright and licensing under this Regulation?
For copyright and related rights, access and use of content while abroad is legally considered to occur in the subscriber’s Member State of residence, simplifying licensing requirements.
How must providers verify a subscriber’s Member State of residence?
Providers must use reasonable and proportionate verification methods, such as payment details, public tax information, or utility bills, as specified in the Regulation.
How does the Regulation interact with EU data protection laws?
Any processing of personal data for verification purposes must be limited to what is necessary, comply with EU data protection rules, and data must not be retained longer than needed.
What are the penalties for non-compliance with the Regulation?
Penalties for non-compliance are determined by each Member State and may include fines or other enforcement measures, depending on national law.
Key Terms
- Cross-border portability
- The ability for subscribers to access and use their online content services when temporarily present in another EU Member State.
- Subscriber
- A person who has a contractual relationship with a provider for access to online content services, typically on a paid basis.
- Member State of residence
- The EU country where the subscriber has their habitual residence and to which the online content service is licensed.
- Country-of-residence fiction
- A legal mechanism deeming that access and use of online content while abroad is considered to occur in the subscriber’s home country for copyright purposes.
- Verification of residence
- The process by which providers confirm a subscriber’s Member State of residence using specified, proportionate methods.
- Online content service
- A service providing access to audiovisual media, music, e-books, games, or sports content via the internet to subscribers.
- Free online content service
- An online content service provided to subscribers without payment, which may opt in to the portability regime if verification requirements are met.
- Temporarily present
- The status of a subscriber who is in another EU Member State for a limited period, without changing their habitual residence.
- Proportionate verification methods
- Verification techniques that are reasonable and not excessive, such as checking payment details or official documents, as listed in the Regulation.
- Data minimisation
- A principle requiring that only the minimum necessary personal data is processed and retained for the shortest necessary period, in line with EU data protection rules.