The number of European citizens purchasing or subscribing to online services, such as access to music, films, videos, sports broadcasts, e-books, games and the like, is on the increase. However, it is very often the case that such subscribers cannot access or have only very limited access to online content services which they have legally acquired in their home country when they travel temporarily to other EU member states. This is especially the case for films, series and sports broadcasts.

All this is set to change with the recent agreement reached by the European Parliament, the Council of Ministers and the European Commission on the text of a regulation having the scope of broadening access to online content for travellers in Europe.

The new regulation will enable consumers to access their online content services when they travel in the EU in the same way in which they access them at home. The regulation targets those online content services where the application of copyright rules is most relevant, such as video-on-demand platforms like Netflix and Amazon Prime, online TV services such as Sky’s Now TV, music streaming services like Google Music and game online market places such as Steam and Origin. By way of practical example, once the regulation comes into force, a Maltese subscriber to Netflix cannot be impeded from accessing films and series available in Malta when he or she goes on holiday to Italy or on a business trip to Germany.

Digital technologies have opened new doors to the way consumers can enjoy content

All providers who offer paid online content services will have to abide by the new rules. In terms of the regulation, online content service providers will verify the subscriber’s country of residence via payment details, payment of a licence fee for broadcasting services, the existence of an internet contract or by checking the IP address. Such a provider will be able to apply up to two means of verification from the list included in the regulation.

Providers who offer online content services free of charge, such as radio broadcasters, will be able to choose whether they want to provide portability to their subscribers or not. Once they opt-in and provide portability under the regulation, all rules will apply to them in the same manner as for the paid services.

In terms of the new rules, online content service providers will not be allowed to impose additional charges to consumers/subscribers for providing cross-border portability.

Once the agreed regulation is formally adopted, the rules will become applicable in all EU member states by the beginning of 2018.

Digital technologies have opened new doors to the way consumers can enjoy content.

Indeed, the new regulation is expected to be not only of benefit to Europe’s consumers but even to online content service providers themselves since the cross-portability feature will make subscribing to such services more attractive.

mariosa@vellacardona.com

Mariosa Vella Cardona is a freelance legal consultant specialising in European law, competition law, consumer law and intellectual property law.