14 Jan 2019 | Data Protection

Commentary on the Scope and Application of The Portability Regulation (Regulation (EU) 2017 / 1128)

Since 1 April 2018, the Portability Regulation (Regulation (EU) 2017/1128) prohibits geo-blocking of online content within the European Union. An Open Access commentary on the Scope and Application of the Portability Regulation co-authored by Sebastian Engels and Jan Bernd Nordemann provides useful guidance on the requirements of the Portability Regulation for all actors in the digital content economy.

Since 1 April 2018, the Portability Regulation prohibits geo-blocking of online content within the European Union. The regulation regulates the unrestricted access to (paid) subscribed online content of all European citizens, regardless of where they are present in EU territory. The presence must be “temporary”. Providers of fee-based online content are then obliged to guarantee their subscribers cross-border portability. A limitation of the access or the demand of additional fees is prohibited. The Portability Regulation does not apply directly to offers that are not or not directly liable to payment, such as media libraries. It is rather voluntary for these providers. Furthermore, the Portability Regulation also includes rules to minimize the user’s personal data collected in order to identify the Member State.

As a useful guidance on the requirements of the Portability Regulation for all actors in the digital content economy an Open Access commentary on the scope and application of the Portability Regulation co-authored by Sebastian Engels and Jan Bernd Nordemann has been published in JIPITEC – Journal of Intellectual Property, Information Technology and E-Commerce Law.

The commentary can be freely accessed via the following link:
https://www.jipitec.eu/issues/jipitec-9-2-2018/4728