THE PORTABILITY REGULATION

Abstract

The Portability Regulation is part of the normative package designed to promote the realization of the Digital Single Market in the EU. The Digital Single Market Strategy for Europe aims at ensuring the free movement of goods, persons, services and capital, and seamless access to and exercise of online activities irrespective of nationality or place of residence, for individuals and businesses under conditions of fair competition. Travelling within the EU is an indispensable part of the daily lives of many European citizens. The Portability Regulation aims to allow European citizens to travel with their online content services without limiting access through geo-blocking. Geo-blocking practices stem from contractual provisions between online content service providers and owners of content, such as music, podcasts, radio programmes, e-books or audiovisual media content. All services, whose main feature is the provision of online content to consumers, whether free or for payment, are online content service providers within the meaning of the Portability Regulation. The Portability Regulation applies to services that provide access to or use of digital content that is protected by copyright, related rights or contract. In particular, online content service provider refers to broadcasters or providers of on-demand services of audiovisual media content, including films, series, news, sports or programming intended to inform, educate or entertain. Such programmes and other online content are usually protected by copyright or related rights under EU or national law and licensed for use on the basis of territory.