Portability of online content services
Portability of online content services

The following TMT practice note provides comprehensive and up to date legal information covering:

  • Portability of online content services
  • Brexit
  • Background
  • The mandatory portability obligation
  • Services to which the obligation applies
  • Meaning of temporarily present
  • Residency verification
  • Application to free services
  • Contractual provisions
  • Copyright and rights holder issues
  • More...

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for TMT?

This Practice Note considers the rules on the portability of online content services in the internal market. It covers:

  1. Brexit

  2. Background

  3. The mandatory portability obligation

  4. Residency verification

  5. Application to free services

  6. Contractual provisions

  7. Copyright and rights holder issues

  8. Information requirements

  9. Enforcement

Regulation (EU) 2017/1128 on cross-border portability of online content services in the internal market (the Portability Regulation), directly applicable from 1 April 2018, ensures that EU citizens are able to access paid-for online content subscription services (such as music streaming, e-books, TV and films and games platforms) when they are temporarily away from home in another Member State. It has retrospective effect and applies to all contracts in place before that date.

It is important to understand the distinction between cross-border portability (which is the subject of the Portability Regulation) and cross-border access to content (which is not addressed):

  1. cross-border portability relates

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