On May 18, 2017, the European Parliament adopted its position at first reading resolution  on the proposal for a regulation of the European Parliament and of the Council on ensuring the cross-border portability of online content services in the internal market, which gives users the right to access throughout the Union to online content services that are lawfully provided to consumers in their Member State of residence in order to guarantee the functioning of the internal market and  the effective application of the principles of free movement of persons and services. 

Under the  resolution,  online content service is an audiovisual media service as defined in point (a) of Article 1 of Directive 2010/13/EU, or (ii)  a service the main feature of which is the provision of access to, and the use of, works, other protected subject-matter or transmissions of broadcasting organisations, whether in a linear or an on-demand manner.

Pursuant to the resolution,  the provider of an online content service providedagainst payment of money , such as Sky Go and Netflix, shall enable a subscriber who is temporarily present in a Member State to access and use the online content service in the same manner as in the Member State of residence, including by providing access to the same content, on the same range and number of devices, for the same number of users and with the same range of functionalities.

The provider shall not impose any additional charges on the subscriber for the access to and the use of the online content service. The provider shall not take any action to reduce the quality of delivery of the online content service when providing the online content service

Avv. Silvia Giampaolo

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