HomeInsightsDirector General of DG CONNECT sends letter to national authorities on the practical application of the Online Portability Regulation (2017/1128/EU)

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Under the Regulation, consumers in the EU who buy or subscribe to online content in their Member State are now able to access this content when they stay temporarily in another EU Member State.  The National Authorities to whom the letter has been sent will be responsible for supervising the application of the Regulation and enforcing it.

The letter states that the European Commission has observed that a number of service providers across the EU have applied portability in “certain ways which might be contrary to the Regulation”, and which may prevent consumers from enjoying portability.  These concern in particular:

  • limitation of portability to a specific period of time;
  • requests for information beyond those required to verify the Member State of residence;
  • use of checks of IP addresses to monitor consumers’ whereabouts on a regular basis;
  • limitation of the range of devices on which portability is available.

The letter reminds authorities that any contractual provision that is contrary to the Regulation is unenforceable, according to Article 7(1).  To read the letter in full, click here.