Cross-border portability of online content (Regulation)

Subscriptions to films and other online content will also be available for use during temporary stays in another Member State. This is provided for under a EU Commission proposal for a Regulation on the cross-border portability of online content. Until now, this has been prevented inter alia by national copyrights and licences.


With this Regulation from the EU Commission, providers of online content will be obliged to ensure cross-border portability where users are "temporarily" staying in another EU country. Providers must bear the costs of this but will not have to acquire additional licences. Right holders will have to put up with protected content being used. This intervention in the freedom of contract is, in cep's view, legally justified but does not comply with ordoliberal principles because the expectations of market players do not constitute sufficient grounds.