Subscribers will be able to access online content when travelling in the EU

On 30 June the Regulation (EU) 2017/1128 of the European Parliament and the Council on cross-border portability of online content services in the internal market was published in the Official Journal of the EU.

The Regulation ensures cross-border access to legal mobile online services (e.g. the streaming or downloading of music, games, films, entertainment programmes or sport events) when subscribers travel temporarily abroad within the EU for purposes of study, holiday or business.

Online content service providers will be able to take reasonable, proportionate and effective measures to verify the Member State of residence of the subscriber and that the subscriber has not moved permanently to another EU Member State.

Although the rules will only apply to online content services provided against payment of money, free services may enable temporary cross-border access to their subscribers, as long as they can verify their Member State of residence.

The EU Regulations do not require national implementing and thus this new Regulation will enter into force throughout the EU at the same time with mandatory effect from 1 April 2018.