[ParlTrack]

Jean-Marie CAVADA, Marc JOULAUD, Therese COMODINI CACHIA

Proposal for a regulation
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 is mandatory and therefore the parties may not exclude it, derogate from it or vary its effect, except in cases where providing online content service portability is based on the physical constraints of an external product and would involve the online content service provider entering into and concluding separate contractual relations with a third-party manufacturer. 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.

2016/10/03
Committee: JURI

Jean-Marie CAVADA, Marc JOULAUD, Virginie ROZIÈRE, Therese COMODINI CACHIA

Proposal for a regulation
Recital 23 a (new)

23a. The provider of an online content service shall have the option to carry out a random check on the IP address of a subscriber during his or her contract, in accordance with Directives of the European Parliament and of the Council Nos 95/46/EC1a and 2002/58/EC1b and Regulation (EU) No 2016/679 of the European Parliament and of the Council 1c, in so far as that is strictly necessary for the purposes of this Regulation. Considering that for the purposes of the check what matters is not the precise location, but rather the subscriber’s temporary presence in another Member State while accessing the service, data on precise location or any other personal data should not be collected and processed for this purpose. The sole aim of this check should be to establish whether a subscriber is accessing the online content service within or outside his or her Member State of residence, and how often. Where an online content service provider has doubts as to a subscriber’s Member State of residence, it ought to have the power to ask the subscriber to produce a document or documents that prove his or her Member State of residence, in accordance with the list of criteria laid down in this Regulation. In order to be effective, this method of checking should only be used as a long-term method. In addition, if an online content service provider were to choose to rely on this method of checking, it should inform the subscriber of this fact in advance, in accordance with Directives 95/46/EC and 2002/58/EC and Regulation (EU) No 2016/679. ______________________ 1aDirective 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). 1b 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, 31.7.2002, p. 37). 1cRegulation (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).

2016/10/03
Committee: JURI

Jean-Marie CAVADA, Marc JOULAUD, Virginie ROZIÈRE, Therese COMODINI CACHIA

Proposal for a regulation
Recital 23 b (new)

23b. Holders of copyright and related rights or those holding any other rights in the content of an online content service should have a right to be informed of the verification process used by the service provider to establish a subscriber’s Member State of residence.

2016/10/03
Committee: JURI

Jean-Marie CAVADA, Marc JOULAUD, Therese COMODINI CACHIA

Proposal for a regulation
Recital 27 a (new)

27a. Member States should create or designate a body with responsibility for monitoring the application of this Regulation, in order to guarantee that it is applied properly, to provide the online content service providers, the relevant rights holders and consumers with a national one-stop shop, and to enable the Commission to easily gather and exchange relevant data. In view of the impact of this Regulation along the whole value chain, that body also needs to be able to receive and offer interpretation on possible disagreements that may arise regarding the way in which this Regulation is applied. The body would have an obligation to report regularly to the Commission on disputes that might be caused by the implementation of the Regulation in order to help it to draft its guidelines.

2016/10/03
Committee: JURI

Jean-Marie CAVADA, Marc JOULAUD, Therese COMODINI CACHIA

Proposal for a regulation
Recital 29

(29) Since the objective of this Regulation, namely the adaptation of the legal framework so that cross-border portability of online content services is provided in the Union, cannot be sufficiently achieved by Member States ~~and~~but can ~~therefore~~, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve ~~its~~that objective. Therefore, this Regulation does not substantially affect the way the rights are licensed and does not oblige right holders and service providers to renegotiate contracts. Moreover, this Regulation does not require that the provider takes measures to ensure the quality of delivery of online content services outside the Member State of residence of the subscriber. Finally, this Regulation does not apply to service providers who offer services without payment of money and who do not verify the subscriber's Member State of residence. Therefore, it does not impose any disproportionate costs,

2016/10/03
Committee: JURI

Jean-Marie CAVADA, Marc JOULAUD, Therese COMODINI CACHIA

Proposal for a regulation
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 who have opted to provide a service in accordance with Article 3a shall use effective verification methods to check the Member State of residence of their subscribers. These methods must be reasonable and must not go beyond what is necessary in order to achieve this purpose. 2. The rights holders or those holding any other rights in the content of an online content service may authorise access to this content and use of it without verification of the subscriber’s Member State of residence within the context of this Regulation, provided that the online content service provider has obtained the right to incorporate that content in its service in all Member States. 3. In order to comply with the obligation laid down in paragraph 1, online content service providers shall use one or more verification criteria selected from among those listed below. If it considers that it is not possible to identify reliably and officially a subscriber’s Member State of residence using just one of these criteria, the online content service provider may rely on a combination of the verification criteria listed below: (a) an identity card, electronic identity card or any other valid document confirming the subscriber’s Member State of residence; (b) bank details such as the bank account or credit or debit card of the subscriber in his Member State of residence; (c) the place of installation of a decoder or any similar equipment used by the subscriber to access the services concerned; (d) an internet or telephone service supply contract or any similar type of contract linking the subscriber to a Member State; (e) the payment by the subscriber of a licence fee for other services provided in the Member State, such as public service broadcasting; (f) the payment of local taxes, if the information concerned is publicly available. 4. The online content service provider and the rights holders may decide to rely on any other verification criterion that has been agreed in advance between them, provided that this criterion offers at least the same level of security as those listed in paragraph 3 and does not undermine the contract in force. 5. In order to check that a subscriber is making appropriate use of the portability service, an online content service provider shall have the option to rely on a random verification of the subscriber’s IP address during the contract, with the sole aim of identifying whether the subscriber is accessing the online content service within or outside his or her Member State of residence, and how often. Under no circumstances may an online content service provider store or process the data on the precise location of its subscribers. 6. The provider of an online content service shall be entitled to request a subscriber to provide the information needed to verify his Member State of residence. If the subscriber decides not to provide the information required by an online content service provider in order to verify the subscriber’s Member State of residence, the provider shall have the right not to offer him portability of his online content services as provided for in Article 3(1) for so long as he is unable to verify the subscriber's Member State of residence by means of the criteria listed in Article 3b(2). 7. The rights holders or those holding any other rights in the content of an online content service shall be informed of the verification process used by the service provider to verify the Member State of residence of a subscriber.

2016/10/03
Committee: JURI

Jean-Marie CAVADA, Marc JOULAUD, Therese COMODINI CACHIA

Proposal for a regulation
Article 7 a (new)

Article 7a Implementation and reporting 1. Member States shall create or designate a body to monitor the proper implementation of this Regulation on its territory and shall inform the Commission of the existence of the body. 2. The body created or designated in accordance with paragraph 1 shall receive and examine complaints regarding abuse or insufficient measures taken by online content service providers or rights holders in the Member State in application of this Regulation, in particular for the application of Article 3b. The body shall also issue opinions on complaints. 3. The Commission shall produce guidelines, where necessary, on the basis of the complaints that were reported to the bodies created or designated in accordance with paragraph 1.

2016/10/03
Committee: JURI

Jean-Marie CAVADA, Marc JOULAUD, Therese COMODINI CACHIA

Proposal for a regulation
Article 7 b (new)

Article 7b Evaluation The Commission shall produce an evaluation report three years after the date of application of this Regulation to assess its implementation, particularly as regards the notion of temporary presence and the mechanisms concerning the determination and verification of the Member State of residence. The Commission shall accompany this evaluation report with legislative or non- legislative proposals to improve the implementation of this Regulation.

2016/10/03
Committee: JURI

8 Amendments of Therese COMODINI CACHIA related to 2015/0284(COD)

ParlTrack - 2011-2024