After publication in the Official Journal of the European Union, Regulation (EU) 2017/1128 of the European Parliament and of the Council of 14 June 2017 on cross-border portability of online content services in the internal market (‘Regulation’) enters into force 20 July 2017, and will become enforceable 20 March 2018.
The Regulation focusses on seamless access to online content services across Member States. Consumers shall have access to the online content services which they have subscribed to, regardless whether they are temporarily present in a Member State other than the Member State of residence for a limited period of time. The Regulation stresses that a number of barriers hinder the provision of online content services, such as music, games, films or entertainment programmes, to consumers temporarily present in a Member State other than their Member State of residence. The barriers stem from the fact that the rights for the transmission of content protected by copyright or related rights, such as audiovisual works, are often licensed on a territorial basis, as well as from the fact that providers of online content services might choose to serve specific markets only.
Notably, the Regulation applies also to contracts concluded before the date of the Regulation’s application.
The Regulation applies to providers whose services are provided against payment of money. Providers whose services are provided without payment of money do not fall within the scope of the Regulation. They may, however, decide to enable cross-border portability of their services in accordance with the Regulation.
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