Activities of Julia REDA related to 2015/0284(COD)
Plenary speeches (2)
Cross-border portability of online content services in the internal market (debate)
Cross-border portability of online content services in the internal market (debate)
Shadow reports (1)
REPORT 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 PDF (1 MB)
Shadow opinions (1)
OPINION 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
Amendments (36)
Amendment 60 #
Proposal for a regulation
Recital 5
Recital 5
(5) The same applies to other content such as sporting events which is not protected by copyright and/or related rights under Union law but which may be protected by copyright, related rights or by virtue of other specific legislation under national law and which is often also licensed by organisers of such events or offered by online service providers on a territorial basis. Transmissions of such content by broadcasting organisations would be protected by related rights which have been harmonised at Union level. In addition, transmissions of such content often include copyright-protected elements such as music, opening or closing video sequences or graphics. In addition, certain aspects of such transmissions relating to events of major importance for society or events of high interest to the public for the purpose of short news reports, have been harmonised by Directive 2010/13/EU of the European Parliament and of the Council22. Finally, audiovisual media services within the meaning of Directive 2010/13/EU include services which provide access to content such as sporting events, news or current events. __________________ 22 According to the cultural objectives of EU policy- making (article 167 TFEU), the respect of cultural diversity shall be essential to European Union actions. Access to cultural diversity should therefore be improved, particularly with respect to travellers, migrants and linguistic minorities. __________________ 22 Directive 2010/13/EU of the European Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services OJ L 95, 15.4.2010, p. 1– 24.
Amendment 63 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Since the objective of this Regulation is to increase consumers' access to the content they already have legal access to, regardless of their temporary presence in another Member state, no provision in this Regulation should limit the access to content already enjoyed by consumers today. Particularly, the legal fiction set out in Article 4 only applies to online content services that a service provider is lawfully providing online in the Member State of residence. It does not limit the possibility for a service provider to additionally provide subscribers access to the local repertoire offered by that service provider in the Member state of temporary presence. If a service provider operates in both the Member state of a subscriber's habitual residence and the Member state of temporary presence, the subscriber should have the option to access both repertoires.
Amendment 78 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Since the objective of this Regulation is to increase consumers' access to the content they already have legal access to, regardless of their temporary presence in another Member state, no provision in this Regulation should limit the access to content already enjoyed by consumers today. Particularly, the legal fiction set out in Article 4 only applies to online content services that a service provider is lawfully providing online in the Member State of residence. It does not limit the possibility for a service provider to additionally provide subscribers access to the local repertoire offered by that service provider in the Member state of temporary presence. If a service provider operates in both the Member state of a subscriber's habitual residence and the Member state of temporary presence, the subscriber should have the option to access both repertoires.
Amendment 85 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) Since the Regulation is mandatory for all online services provided against payment of money, verification of habitual residence based on the means of payment should in any case be considered sufficient, in order to provide service providers with an easily implementable, effective, non-intrusive and proportionate means of verification.
Amendment 91 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) Since this Regulation is mandatory for all online services provided against payment of money, verification of habitual residence based on the means of payment should in any case be considered sufficient, in order to provide service providers with an easily implementable, effective, non-intrusive and proportionate means of verification.
Amendment 92 #
Proposal for a regulation
Recital 17
Recital 17
(17) Online content services which are provided without payment of money are also included in the scope of this Regulation to the extent that providers verify the Member State of residence of their subscribers. Online content services which are provided without the payment of money and whose providers do not verify the Member State of residence of their subscribers should be outside the scope of this Regulation as their inclusion would involve a major change to the way these services are delivered and involve disproportionate costs. As concerns verification of the subscriber's Member State of residence, information such as a payment of a licence fee for other services provided in the Member State of residence, the existence of a contract for internet or telephone connection, IP address or other means of authentication, should be relied upon, if they enable the provider to have reasonable indicators as to the Member State of residence of its subscribers.
Amendment 93 #
Proposal for a regulation
Recital 18
Recital 18
(18) In order to ensure the cross-border portability of online content services it is necessary to require that online service providers enable their subscribers to use the service in the Member State of their temporary presence by providing them 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 as those offered in their Member State of residence. This obligation ise provision of cross-border portability should be implemented in a way that also gives subscribers the possibility to access the local repertoire made available by the content service provider to its subscribers in the Member State of temporary presence. These obligations are mandatory and therefore the parties may not exclude it, derogate from it or vary its effect. Any action by a service provider which would prevent the subscriber from accessing or using the service while temporarily present in a Member State, for example restrictions to the functionalities of the service or to the quality of its delivery, would amount to a circumvention of the obligation to enable cross-border portability of online content services and therefore would be contrary to this Regulation.
Amendment 99 #
Proposal for a regulation
Recital 17
Recital 17
(17) Online content services which are provided without payment of money are also included in the scope of this Regulation to the extent that providers verify the Member State of residence of their subscribers. Online content services which are provided without the payment of money and whose providers do not verify the Member State of residence of their subscribers should be outside the scope of this Regulation as their inclusion would involve a major change to the way these services are delivered and involve disproportionate costs. As concerns verification of the subscriber's Member State of residence, information such as a payment of a licence fee for other services provided in the Member State of residence, the existence of a contract for internet or, telephone connection, IP address or other means of authentication, should be relied upon, if they enable the provider to have reasonable indicators as to the Member State of residence of its subscribers.
Amendment 102 #
Proposal for a regulation
Recital 18
Recital 18
(18) In order to ensure the cross-border portability of online content services it is necessary to require that online service providers enable their subscribers to use the service in the Member State of their temporary presence by providing them 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 as those offered in their Member State of residence. This obligation ise provision of cross-border portability should be implemented in a way that also gives subscribers the possibility to access the local repertoire made available by the content service provider to its subscribers in the Member State of temporary presence. These obligations are mandatory and therefore the parties may not exclude it, derogate from it or vary its effect. Any action by a service provider which would prevent the subscriber from accessing or using the service while temporarily present in a Member State, for example restrictions to the functionalities of the service or to the quality of its delivery, would amount to a circumvention of the obligation to enable cross-border portability of online content services and therefore would be contrary to this Regulation.
Amendment 112 #
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20a) This Regulation should not be interpreted as restricting a service provider from offering its services to a customer permanently located in another Member State, provided that the necessary licences have been acquired in accordance with Directives of the European Parliament and of the Council 2001/29/EC1a and 2014/26/EU1b and that they have authorisation from the rightholders to use their content. _______________________ 1aDirective 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (OJ L 167, 22.6.2001, p. 10). 1b Directive 2014/26/EU of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market (OJ L 84, 20.3.2014, p. 72).
Amendment 120 #
Proposal for a regulation
Recital 23
Recital 23
(23) Service providers should ensure that their subscribers are properly informed about the conditions of enjoyment of online content services in Member States other than the Member State of residence of the subscribers. The Regulation enables right holders to require that the service provider make use of effective means in order to verify that the online content service is provided in conformity with this Regulation. It is for the service provider to decide which verification method(s) to apply. It is necessary, however, to ensure that the required means are reasonable and do not go beyond what is necessary in order to achieve this purpose. Examples of the necessary technical and organisational measures may include sampling of IP address instead of constant monitoring of location, transparent information to the individuals about the methods used for the verification and its purposes, and appropriate security measures. Considering that for purposes of the verification what matters is not the location, but rather, in which Member State the subscriber is accessing the service, precise location data should not be collected and processed for this purpose. Similarly, where authentication of a subscriber is sufficient in order to deliver the service provided, identification of the subscriber should not be required.
Amendment 127 #
Proposal for a regulation
Recital 23
Recital 23
(23) Service providers should ensure that their subscribers are properly informed about the conditions of enjoyment of online content services in Member States other than the Member State of residence of the subscribers. Theis Regulation enables right holders to require that the service provider make use of effective means in order to verify that the online content service is provided in conformity with this Regulation. It is for the service provider to decide which verification method(s) to apply. It is necessary, however, to ensure that the required means are reasonable and do not go beyond what is necessary in order to achieve this purpose. Examples of the necessary technical and organisational measures may include sampling of IP address for the purposes of establishing the Member State of temporary presence instead of constant monitoring of location, transparent information to the individuals about the methods used for the verification and its purposes, and appropriate security measures. Considering that for purposes of the verification what matters is not the location, but rather, in which Member State the subscriber is accessing the service, precise location data should not be collected and processed for this purpose. Similarly, where authentication of a subscriber is sufficient in order to deliver the service provided, identification of the subscriber should not be required.
Amendment 130 #
Proposal for a regulation
Recital 24
Recital 24
(24) This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union. Accordingly, this Regulation should be interpreted and applied in accordance with those rights and principles, in particular the right to respect for private and family life, the right to protection of personal data, the freedom of expression and the freedom to conduct a business. Any processing of personal data under this Regulation should respect fundamental rights, including the right to respect for private and family life and the right to protection of personal data under Articles 7 and 8 of the Charter of Fundamental Rights of the European Union and must be in compliance with Directives 95/46/EC27 and 2002/58/EC28. In particular, service providers must ensure that any processing of personal data under this Regulation must be necessary and proportionate in order to achieve the relevant purpose. __________________ 27Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data OJ L 281, 23.11.1995, p. 31–50. 2002/58/EC28 and Regulation (EU) 2016/67928a. __________________ 28 Directive 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), called, as amended by Directives 2006/24/EC and 2009/136/EC, the "e- Privacy Directive". 28aRegulation (EU) 2016/679 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".
Amendment 138 #
Proposal for a regulation
Recital 24
Recital 24
(24) This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union. Accordingly, this Regulation should be interpreted and applied in accordance with those rights and principles, in particular the right to respect for private and family life, the right to protection of personal data, the freedom of expression and the freedom to conduct a business. Any processing of personal data under this Regulation should respect fundamental rights, including the right to respect for private and family life and the right to protection of personal data under Articles 7 and 8 of the Charter of Fundamental Rights of the European Union and must be in compliance with Directives 95/46/EC27 and 2002/58/EC28of the European Parliament and of the Council 95/46/EC27 and 2002/58/EC28 and with Regulation (EU) 2016/679 of the European Parliament and of the Council28a. In particular, service providers must ensure that any processing of personal data under this Regulation must be necessary and proportionate in order to achieve the relevant purpose. __________________ 27 Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31–50). 28 Directive 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), called, as amended by Directives 2006/24/EC and 2009/136/EC, the "e- Privacy Directive". 28aRegulation (EU) 2016/679 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).
Amendment 143 #
Proposal for a regulation
Recital 26
Recital 26
(26) Contracts under which content is licensed are usually concluded for a relatively long duration. Consequently, and in order to ensure that all consumers residing in the Union can enjoy the cross- border portability feature of online content services on an equal basis in time and without any undue delay, this Regulation should also apply to contracts concluded and rights acquired before the date of its application if they are relevant for the cross-border portability of an online content service provided after that date. This is also necessary in order to ensure a level playing field for service providers operating in the internal market, by enabling providers who concluded contracts with right holders for a long duration to offer cross-border portability to their subscribers, independently of the provider's possibility to renegotiate such contracts. Moreover, this provision should ensure that when service providers make arrangements necessary for the cross- border portability of their services, they will be able to offer such portability with regard to the entirety of their online content. Finally, it should also allow right holders not having to renegotiate their existing licensing contracts in order to enable the offering of the cross-border portability of services by providers. The legal fiction established in Article 4 shall be deemed to occur without altering the territorial scope of the rights contractually acquired by the service provider.
Amendment 150 #
Proposal for a regulation
Article 1
Article 1
This Regulation introduces a common approach to ensuring that subscribers to online content services in the Union, when temporarily present in a Member State, can access and use these services at no additional cost.
Amendment 161 #
Proposal for a regulation
Article 1
Article 1
This Regulation introduces a common approach to ensuring that subscribers to online content services in the Union, when temporarily present in a Member State, can access and use these services, at no additional costs.
Amendment 164 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) "Member State of residence" means the Member State(s) where the subscriber is habitually residing;
Amendment 172 #
Proposal for a regulation
Article 2 – point c
Article 2 – point c
(c) "Member State of residence" means the Member State(s) where the subscriber is habitually residing;
Amendment 190 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Amendment 192 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
(1) The provider of an online content service shall enable a subscriber who is temporarily present in a Member State to access and use the online content service at no additional cost.
Amendment 195 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
(1a) Paragraph 1 is without prejudice to the possibility for the provider to enable a subscriber to additionally access the local repertoire that has been licenced to the service provider in the Member State of temporary presence.
Amendment 195 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. Paragraph 1 is without prejudice to the possibility for a service provider to allow a subscriber to also access and use the content licensed to the service provider in the Member State where the subscriber is temporarily present.
Amendment 196 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. Paragraph 1 is without prejudice to the possibility for the provider to enable a subscriber to additionally access the local repertoire that has been licenced to the service provider in the Member State of temporary presence.
Amendment 204 #
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. The portability of online content services shall not be limited by the service provider to certain specific technologies or devices.
Amendment 206 #
Proposal for a regulation
Article 3 – paragraph 3 b (new)
Article 3 – paragraph 3 b (new)
3b. Contractual provisions limiting the portability to a specific time period shall be deemed unenforceable.
Amendment 211 #
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3a Verification methods 1. Providers of online content services provided in return for payment and providers of online content services provided free of charge shall use effective means to verify the Member State of residence of their subscribers. Those means shall be reasonable and shall not go beyond what is necessary in order to achieve that purpose. 2. In order to comply with the obligations laid down in paragraph 1, providers of online content services shall use any one criterion selected from among the following verification criteria: (a) an identity card, electronic identity card or any other valid document confirming the subscriber's Member State of residence; (b) banking particulars such as the bank account or credit or debit card of the subscriber in his or her Member State of residence; (c) the place of installation of a decoder or any similar equipment used by the subscriber to access the online content services concerned; (d) an internet or telephone contract or any similar type of contract linking the subscriber to a Member State; (e) the fact that the subscriber pays a licence fee for other services provided in the Member State, such as public service broadcasting; (f) proof of payment of local taxes, if this information is publicly available; (g) a declaration by the subscriber as to his or her Member State of residence; (h) registration on local electoral rolls, if such rolls are publicly available; (i) the payment of local/poll taxes, if information in that regard is publicly available or (j) any other verification criterion having been previously agreed upon between the online content service provider and the rightholders. 3. The provider of an online content service shall not track the location of the subscriber by means of Internet Protocol (IP) sampling or other means of geolocation in order to comply with the obligation set out in paragraph 1. 4. The provider of an online content service shall choose which of the means of verification referred to in paragraph 2 it wishes to use. Upon completion of the verification, the provider shall not request or require additional verification of a subscriber who is a party to a contract for the provision of online content services. Additional verification shall not be required upon the conclusion of a new or renewed contract with the same subscriber if all essential information remains unchanged. 5. Data provided pursuant to paragraph 2 shall be held by the provider until the verification of the subscriber’s Member State of residence has been completed. They shall be used solely for the purpose of verifying the subscriber's Member State of residence. No information provided in this regard shall be communicated, transferred, shared, licensed or otherwise transmitted to rightholders or other third parties.
Amendment 231 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 232 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
(2) Notwithstanding paragraph 1, holders of copyright and related rights or those holding any other rights in the content of online content services may require that the service provider make use of effectivproportionate means in order to verify that the online content service is provided in conformity with Article 3(1), provided that the required means are reasonable, non-intrusive and do not go beyond what is necessary in order to achieve their purpose. The service provider is to decide which means of verification to use.
Amendment 234 #
Proposal for a regulation
Article 6
Article 6
The processing of personal data carried out within the framework of this Regulation including, in particular, for purposes of verification under Article 5(2)3b, shall be carried out in compliance with Directives 95/46/EC and 2002/58/EC and Regulation (EU) 2016/679. In particular, service providers must ensure that any processing of personal data under this Regulation must be necessary and proportionate in order to achieve the relevant purpose.
Amendment 237 #
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Amendment 238 #
Proposal for a regulation
Article 7
Article 7
This Regulation shall apply also to contracts concluded and rights acquired before the date of its application if they are relevant for the provision, the access to and the use of an online content service in accordance with Articles 3 and 3a after that date.
Amendment 239 #
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
(2a) Contractual provisions limiting the portability to a specific time period shall be unenforceable.
Amendment 239 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
Three years after the entry into force of this Regulation, and every three years thereafter, the Commission shall assess the application of this Regulation and submit to the European Parliament and to the Council a report on the application of this Regulation. The report shall include, inter alia, an assessment of the effectiveness of the verification means of the Member State of residence, including newly developed industry standards and practices. The Commission's report shall be accompanied, if appropriate and necessary, by legislative or non-legislative proposal(s).
Amendment 241 #
Proposal for a regulation
Article 6
Article 6
The processing of personal data carried out within the framework of this Regulation including, in particular, for purposes of verification under Article 5(2), shall be carried out in compliance with Directives 95/46/EC and 2002/58/ECRegulation (EU) 2016/679 and Directive 2002/58/EC. In particular, service providers must ensure that any processing of personal data under this Regulation must be necessary and proportionate in order to achieve the relevant purpose.
Amendment 245 #
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6a Monitoring and evaluation From 2017, in line with Article 5(1) of this Regulation, the Commission shall monitor possible amendments of the existing contractual arrangements. The monitoring shall pay particular attention to the impact on SMEs, the protection of personal data and to ensure that any possible renegotiations of contracts are in line with the objectives of this Regulation. A comprehensive evaluation shall take place 5 years from the date of application of this Regulation.