Wider access by internet users throughout the EU
The internet has become a key content distribution channel. In fact, a 2014 Eurostat survey titled, Community survey on ICT usage in households and by individuals, confirmed that 49% of internet users in the EU accessed music, video and games online. Yet, to date, consumers who purchased or rented films, sports events, e-books, video games or music services online in their country are still being prevented from having access to such services when travelling in the EU.
The rapid take-up of online content services and the increasing use of portable devices even across borders have lead to Europeans expecting to use online content services in any member state they happen to be in. One of the key objectives of the Digital Single Market strategy is to bring about wider online access to users across the EU.
Back in December 2015, the European Commission took the first steps in addressing cross-border portability issues by adopting a proposal for a Regulation on ensuring the cross-border portability of online content services in the internal market. The underlying aim of the proposal was that of removing existing barriers to cross-border portability so that the needs of users can be met more effectively. In so doing, the Commission moved towards creating the right environment for further innovation that would benefit consumers, service providers and holders of intellectual property rights.
The Maltese Presidency of the Council of the EU is working towards fully exploiting the Single Market and to develop the Digital Single Market further. On 7 February, the Council reached a provisional landmark deal with the European Parliament to remove barriers to cross-border portability of online content services in the internal market.
Furthermore, on 15 February, EU ambassadors endorsed this deal, which will allow European consumers who have subscribed or used online content services in their home country to lawfully access it when in another EU member state. This decision, therefore, confirmed the aforementioned provisional agreement between the Maltese Presidency and representatives of the European Parliament.
The new portability rules will complement the ways in which Europeans enjoy cultural and entertainment content. In 2016, 64% of Europeans used the internet to play or download games, images, films or music on their mobile devices. In the case of Malta, the numbers were even higher than the EU average 69.2%. Younger generations are more inclined to, for example, download music and audio-visual material online. In fact, in a survey carried out in 2015, half of the respondents aged between 15 and 39 felt that portability and accessing the service they subscribe to when travelling in Europe is important.
The future regulation will enable consumers to access their online content services when travelling within the EU in the same manner they access them at home. For instance, when a French consumer subscribes to a paid online content service, the user will be able to access films available in France when on holiday in Croatia or for a business trip to Denmark.
The online content service providers will verify the subscriber’s country of residence by looking at payment details, internet contract or by checking the IP address. All providers who offer paid online content services will have to follow the new rules. The services provided without payment (such as the online services of public TV or radio broadcasters) will have the possibility to decide whether to provide portability to their subscribers.
The European Commissioner for Education, Culture, Youth and Sport, Tibor Navracsics, stated that: “Digital technologies provide new opportunities to enjoy cultural content on the go, and people are eager to use them. Today’s agreement opens new doors to cit- izens while at the same time protecting creators and those investing in the production of cultural or sport content. This balanced solution is an encouraging sign for our efforts to build a Digital Single Market that offers new opportunities for both creators and consumers.”
The possibility to access online content services when travelling will be even more important as from 15 June when the new roaming rules enter into force. As a result, those travelling periodically will pay domestic prices for mobile internet, subject to fair use, irrespective of where they are travelling in the EU.
This future regulation introduces a common approach in the Union while maintaining a high level of protection for holders of intellectual property rights. It also contributes to the functioning of the Single Market as an area without internal borders, where the fundamental freedom to provide and to receive services will be ensured.