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Commission publishes a Staff Working Document reporting on cross-border portability of online content services

The Commission has published a Report on the application of the Regulation on cross-border portability of online content services (Regulation (EU) 2017/1128), supported by a study on the practical application of portability rules by online content service providers (SMART 2019/0024).

Commission Staff Working Document: Report on the application of (EU) Regulation 2017/1128 on cross-border portability of online content services in the internal market

Under the Portability Regulation, paid online content services are obliged to provide cross-border portability to their subscribers when they travel or stay temporarily in other Member States, without extra costs. They have to provide access to the same content and functionalities as those offered in the subscriber’s Member State of residence.

This Staff Working Document reports on the application of the Regulation. As required by Article 10, it includes an assessment on the application of the portability rules by online content service providers in the light of legal, technological and economic developments. Overall, portability rules have proven to function well for the parties involved, i.e. consumers, service providers and rightholders. Only a limited number of issues have been identified since the Portability Regulation is in force.

This Staff Working Document has been submitted to the European Parliament and to the Council.

SMART 2019/0024 Study on Portability Regulation

The study assessed the application of the portability rules by online content service providers, consumers’ experience as well as the impacts of the Portability Regulation on service providers and rightholders.

Downloads

1) Staff Working Document - Report on the application of Regulation (EU) 2017/1128 on cross-border portability of online content services in the internal market
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2) SMART 2019-0024 Study on Portability Regulation 2017.1128
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3) Flash Eurobarometer 477a, Accessing Content Online, Cross-border Portability of Online Content Services and Intra-EU Calls, April 2019
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4) European Audiovisual Observatory, First feedback from the implementation of the Portability Regulation by free online video services, July 2019
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5) Portability regulation – Letter sent to competent national authorities by Director General of DG Connect, July 2018
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6) Impact Assessment SWD (2015) 270 final
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