[ParlTrack]

Giorgos GRAMMATIKAKIS, Petra KAMMEREVERT, Silvia COSTA, Eider GARDIAZABAL RUBIAL

Proposal for a regulation
Recital 20

(20) In order to ensure that providers of online content services comply with the obligation to provide cross-border portability of their services without ~~acquiring~~infringing the territorial exclusivity of the relevant rights in another Member State, it is necessary to stipulate that those service providers which lawfully provide portable online content services in the Member State of residence of subscribers are always entitled to provide such services to those subscribers when they are temporarily present in another Member State. This should be achieved by establishing that the provision, the access to and the use of such online content service should be deemed to occur in the Member State of the subscriber's residence. This legal fiction should only be employed to enable cross- border portability and should be distinguished from cross-border access, which is outside the scope of this Regulation.

2016/05/17
Committee: CULT

Giorgos GRAMMATIKAKIS, Silvia COSTA, Eider GARDIAZABAL RUBIAL

Proposal for a regulation
Recital 21 a (new)

(21a) To safeguard cultural and linguistic diversity, the production, marketing and distribution of creative content across the Union, particularly with regard to the audiovisual sector and the rights of authors and creators that are protected by copyright, this Regulation should be limited to cross-border portability of legally acquired content and should in no case extend to cross-border access to online content services in Member States where the provider of the online content service has no authorisation from the creators and right holders to make use of that content.

2016/05/17
Committee: CULT

Silvia COSTA

Proposal for a regulation
Article 2 – point c

(c) "Member State of residence" means the Member State ~~where the subscriber is habitually residing~~, established on the basis of Article 3a, where the subscriber has his or her actual residence, defined as the place to which an individual regularly returns and with which he or she has a continuous connection;

2016/05/17
Committee: CULT

Giorgos GRAMMATIKAKIS, Mary HONEYBALL, Petra KAMMEREVERT, Silvia COSTA

Proposal for a regulation
Article 3 a (new)

Article 3a Obligation to verify the Member State of residence 1. The provider of an online content service that enables a subscriber who is temporarily present in a Member State to access and use the online content service shall effectively verify the Member State of residence of the subscriber. 2. To comply with the obligation set out in paragraph, 1 the provider shall rely on at least two of the following verification means: (a) an identity card or any other valid document confirming subscriber's Member State of residence; (b) the billing address or the postal address of the subscriber; (c) bank details such as the bank account or local credit or debit card of the subscriber; (d) the place of installation of a set top box or a similar device used for the supply of services to the subscriber; (e) the subscriber being a party to a contract for internet or telephone connection in the Member State; (f) the subscriber paying a licence fee for other services provided in the Member State, such as public service broadcasting; (g) sampling or periodic checking of the Internet Protocol (IP) address to identify the Member State where the subscriber accesses and uses the online content service or identifying that Member State by other means of geolocation; (h) registration on local electoral rolls, if publicly available; (i) the payment of local or poll taxes, if publicly available. 3. The verification means shall be reasonable and not go beyond what is necessary to achieve the purpose of verifying the Member State of residence of the subscriber. 4. The processing of personal data pursuant to the verification shall be carried out in compliance with Regulation 2016/679/EU of the European Parliament and of the Council1a and Directive 2002/58/EC of the European Parliament and of the Council1b. 5. The provider shall be entitled to request the subscriber to provide the information necessary for the verification of the Member State of residence. If the subscriber fails to provide that information and consequently the provider is unable to effectively verify the Member State of residence, as required by this Regulation, the provider shall in no case, on the basis of this Regulation, enable the subscriber to access the online content service when he or she is temporarily present in a Member State. 6. To ensure that the list of verification means is in line with relevant technological developments the Commission is empowered to adopt delegated acts in accordance with Article [A] to amend this list. _________________ 1aRegulation (EU) 2016/379 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). 1bDirective 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.07.2002, p. 37).

2016/05/17
Committee: CULT

4 Amendments of Silvia COSTA related to 2015/0284(COD)

ParlTrack - 2011-2024