Awaiting Parliament 1st reading / single reading / budget 1st stage
Next event: Indicative plenary sitting date, 1st reading/single reading 2017/04/04 more...
- Committee decision to open interinstitutional negotiations with report adopted in committee 2016/11/29
- Vote in committee, 1st reading/single reading 2016/11/29
- Committee report tabled for plenary, 1st reading/single reading 2016/12/09
Role | Committee | Rapporteur | Shadows |
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Opinion | CULT | VERHEYEN Sabine (EPP) | |
Opinion | IMCO | ZULLO Marco (EFD) | |
Opinion | ITRE | ZORRINHO Carlos (S&D) | |
Lead | JURI | CAVADA Jean-Marie (ALDE) | NIEBLER Angelika (EPP), KÖSTER Dietmar (S&D), KARIM Sajjad (ECR), MAŠTÁLKA Jiří (GUE/NGL), REDA Julia (Verts/ALE), BERGERON Joëlle (EFD), LEBRETON Gilles (ENF) |
Opinion | LIBE |
Legal Basis TFEU 114
Activites
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2017/04/04
Indicative plenary sitting date, 1st reading/single reading
- 2016/12/09 Committee report tabled for plenary, 1st reading/single reading
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2016/11/29
Committee decision to open interinstitutional negotiations with report adopted in committee
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2016/11/29
Vote in committee, 1st reading/single reading
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2016/04/28
Referral to associated committees announced in Parliament
- #3451
- 2016/02/29 Council Meeting
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2016/01/21
Committee referral announced in Parliament, 1st reading/single reading
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2015/12/09
Legislative proposal published
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COM(2015)0627
summary
PURPOSE: to ensure the cross-border portability of online content services. PROPOSED ACT: Regulation of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with Council. BACKGROUND: the rapid take up of online content services and increasing use of portable devices, including across borders, means that Europeans today expect to use online content services from wherever they are in the Union (cross-border portability). However, when people travel in the EU, they frequently cannot enjoy such cross-border portability or can do so only to a limited extent. The absence of, or problems with, cross border portability of online content services in the EU results from the licensing practices of right holders and/or the commercial practices of service providers. Cross-border portability concerns online content services to which consumers have lawful access, or content that they purchased or rented online in their country of residence and to which they want to continue to have access when travelling in the EU. Consumer demand for the cross-border portability of online content services is substantial and expected to grow The Digital Single Market Strategy puts forward a range of initiatives with the objective of creating an internal market for digital content and services. This proposal is among the first of the initiatives under the strategy. The Commission considers that the proposal will have positive effects on competitiveness as it will help innovation in online content services and attract more consumers to them. IMPACT ASSESSMENT: the preferred option, in addition to establishing a mechanism ensuring portability: (i) would impose an obligation on providers of online content services to ensure cross-border portability of such services and (ii) would establish that any provisions in contracts limiting cross-border portability would be unenforceable. This option would respond to consumers' expectations and the impact on industry is expected to be marginal because the portability of online content services does not extend the range of users of the service and as such does not challenge the territorial exclusivity of licences CONTENT: the proposed regulation introduces a common approach to ensuring that subscribers to online content services in the Union, which are delivered on a portable basis, can receive these services when temporarily present in another Member State (cross-border portability). Definitions : the proposal contains definitions that will need to be interpreted in a uniform manner in the EU: a "subscriber" is defined as a consumer who, on the basis of a contract for the provision of an online content service, may access and use such service in the Member State of his or her residence; a "consumer" is defined as any natural person who, in contracts covered by the regulation, is acting for purposes which are outside his or her trade, business, craft or profession. "Online content service" is covered by the proposal when: (i) the service is lawfully provided online in the Member State of residence; (ii) the service is provided on a portable basis; (iii) the service is an audiovisual media service within the meaning of Directive 2010/13/EU of the European Parliament and of the Council or a service whose main feature is the provision of access to works, other subject matter or transmissions of broadcasting organisations. Two scenarios are covered as regards online content services: (i) services which are provided for payment of money (directly or indirectly); and (ii) services which are provided without payment of money provided that the subscriber's Member State of residence is verified by the service provider. if a subscriber receives an online content service without payment of money, the provider will only be obliged to enable the subscriber to enjoy cross-border portability if the provider verifies the subscriber's Member State of residence; if, however, a consumer just accepts the terms and conditions of a free of charge online content service but does not register on a website of such service (and hence the provider does not verify the Member State of residence of such a consumer), the service provider will not be obliged to provide cross-border portability for such service. Cross-border portability of online content services: the proposal requires the provider to enable a subscriber to use the online content service while the subscriber is temporarily present in another Member State. This applies to the same content, on the same range and number of devices and the same range of functionalities as offered in the Member State of residence. However, this obligation does not extend to any quality requirements applicable to the delivery of such service when the service is provided in the Member State of residence. Nevertheless, if the provider expressly agrees to guarantee certain quality of delivery to subscribers while temporarily present in other Member States, the provider shall be bound by such agreement. In addition, the draft regulation will oblige the provider to inform the subscriber of the quality of delivery of the online content service when accessed and used in a Member State other than the Member State of residence. Localisation: the proposal sets out a mechanism establishing the localisation of the service for purposes of portability: the provision as well as the access to and use of the service by a subscriber who is temporarily present in another Member State is deemed to occur solely in the Member State of residence. For the licensing of copyright and related rights, this means that the relevant copyright acts, which occur when the service is provided to consumers on a basis of crossborder portability, are deemed to occur solely in the Member State of residence. Contractual provisions: the proposal renders unenforceable: any contractual terms contrary to the cross-border portability obligation, in particular those which limit either consumer's possibilities as to the cross-border portability of his or her online content services or service provider's ability to deliver it; any contractual terms contrary to the legal mechanism which enables service providers to comply with the cross-border portability obligation. However, right holders may require that the service provider makes use of means in order to verify that the service is provided in conformity with the regulation. The draft regulation also provides that: (i) the processing of personal data carried out within the framework of the Regulation shall be carried out in compliance with Directive 95/46/EC and Directive 2002/58/EC; (ii) the regulation shall also apply to any contracts concluded and rights acquired before the date of the application of the regulation if they are relevant for the provision of the service, the access to or the use of the service.
- DG {'url': 'http://ec.europa.eu/enterprise/', 'title': 'Enterprise and Industry'}, BIEŃKOWSKA Elżbieta
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COM(2015)0627
summary
Documents
- Legislative proposal published: COM(2015)0627
- Debate in Council: 3451
- Committee report tabled for plenary, 1st reading/single reading: A8-0378/2016
Amendments | Dossier |
139 |
2015/0284(COD)
2016/05/17
CULT
139 amendments...
Amendment 100 #
Proposal for a regulation Article 2 – point c Amendment 101 #
Proposal for a regulation Article 2 – point c (c) "Member State of residence" means the Member State
Amendment 102 #
Proposal for a regulation Article 2 – point c (c) "Member State of residence" means the Member State
Amendment 103 #
Proposal for a regulation Article 2 – point c (c) "Member State of residence" means the Member State
Amendment 104 #
Proposal for a regulation Article 2 – point c (c) "Member State of residence" means the Member State
Amendment 105 #
Proposal for a regulation Article 2 – point c (c) "Member State of residence" means the Member State where the subscriber is habitually residing, defined as the place where one has established a permanent centre of interest with the intention of giving it a lasting character, a place where an individual routinely returns and with which he or she has a continuous connection, as established on the basis of verification means in accordance with this Regulation;
Amendment 106 #
Proposal for a regulation Article 2 – point c (c) "Member State of residence" means the Member State where the subscriber is habitually residing and to which the subscriber returns regularly, and which the provider can verify as such, in accordance with Article 3a;
Amendment 107 #
Proposal for a regulation Article 2 – point c a (new) (ca) For the purposes of this Regulation, a consumer has one Member State of residence;
Amendment 108 #
Proposal for a regulation Article 2 – point d Amendment 109 #
Proposal for a regulation Article 2 – point d (d) "Temporarily present" means
Amendment 110 #
Proposal for a regulation Article 2 – point d (d) "Temporarily present" means
Amendment 111 #
Proposal for a regulation Article 2 – point d (d) "Temporarily present" means a transitory presence of a subscriber in a Member State other than the Member State of residence determined with the provider of the online content service;
Amendment 112 #
Proposal for a regulation Article 2 – point e (e) "Online content service" means a service as defined by Articles 56 and 57 of the Treaty on the Functioning of the European Union that a service provider is lawfully providing online in the Member State of residence on a portable basis and which is an audiovisual media service within the meaning of Directive 2010/13/EU or a service the main feature of which is the provision of lawful access to and use of works
Amendment 113 #
Proposal for a regulation Article 2 – point e (e) "Online content service" means a service as defined by Articles 56 and 57 of the Treaty on the Functioning of the European Union that a service provider is lawfully providing online in the
Amendment 114 #
Proposal for a regulation Article 2 – point e a (new) (ea) "Portable" means that subscribers can effectively access and use the legally acquired online content service in the Member State of residence without being limited to a specific location;
Amendment 115 #
Proposal for a regulation Article 2 – point e – subparagraph 2 (e) "Online content service" means a service as defined by Articles 56 and 57 of the Treaty on the Functioning of the European Union that a service provider is lawfully providing online in the Member State of residence on a portable basis and which is an audiovisual media service within the meaning of Directive 2010/13/EU or a service the main feature of which is the provision of access to and use of works, other protected subject matter or transmissions of broadcasting organisations, whether in a linear or an on-demand manner
Amendment 116 #
Proposal for a regulation Article 2 – point e – point 2 (2) without payment of money
Amendment 117 #
Proposal for a regulation Article 2 – point f Amendment 118 #
Proposal for a regulation Article 2 –point f (f) "Portable" means that subscribers can effectively access and use the online content service
Amendment 119 #
Proposal for a regulation Article 3 – paragraph 1 (1) The provider of an online content service shall enable a subscriber who is
Amendment 120 #
Proposal for a regulation Article 3 – paragraph 1 (1) The provider of an online content service provided against payment of money shall enable a subscriber who is temporarily present in a Member State to access and use the online content service.
Amendment 121 #
Proposal for a regulation Article 3 – paragraph 1 (1) The provider of an online content service shall enable a subscriber who is verified as temporarily present in a Member State to access and use the online content service.
Amendment 122 #
Proposal for a regulation Article 3 – paragraph 1 a (new) (1a) The obligation set out in paragraph 1 shall not extend to cross- border access of online content for which the service provider has not acquired authorisation for use from the right holder.
Amendment 123 #
Proposal for a regulation Article 3 – paragraph 1 b (new) (1b) The obligation set out in paragraph 1 shall apply from ... [12 months following the day of the publication of this Regulation in the Official Journal of the European Union].
Amendment 124 #
Proposal for a regulation Article 3 – paragraph 2 (2) The obligation set out in paragraph 1
Amendment 125 #
Proposal for a regulation Article 3 – paragraph 3 (3) The provider of an online content service shall
Amendment 126 #
Proposal for a regulation Article 3 – paragraph 3 (3) The provider of an online content service shall inform the subscriber, in advance, of the quality of delivery of the online content service provided in accordance with paragraph 1.
Amendment 127 #
Proposal for a regulation Article 3 – paragraph 3 (3) The provider of an online content service, where possible on the basis of the data available to the provider, shall inform the subscriber of the quality of delivery of the online content
Amendment 128 #
Proposal for a regulation Article 3 a (new) Article 3a Opt-in The provider of an online content service provided without payment of money may choose to enable a subscriber who is temporarily present in a Member State to access and use the online content service provided that: (a) it determines and verifies the Member State of residence of its subscribers in accordance with this Regulation; (b) it informs the relevant holders of copyright and related rights or those holding any other rights in the content of an online content service, as well as its subscribers, within a reasonable time period before enabling such access and use; and (c) it applies the provisions of this Regulation from the moment it enables the cross-border portability for its subscribers.
Amendment 129 #
Proposal for a regulation Article 3 a (new) Amendment 130 #
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 provided against payment of money shall make use of effective means in order to verify the Member State of residence of its subscribers. These means shall be reasonable and shall not go beyond what is necessary in order to achieve their purpose. Unless the Member State of residence can be sufficiently established on the basis of a single verification means, the provider of an online content service shall rely on a combination of such means. 2. In order to comply with the obligation set out in paragraph 1, the provider shall rely on 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 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; or (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.
Amendment 131 #
Proposal for a regulation Article 3 a (new) Article 3a Providers of online content without payment of money 1. Providers of online content services provided without payment of money may decide to enable its subscribers who are temporarily present in a Member State to access and use the online content service in accordance with this Regulation should they be able to verify and authenticate a subscriber's Member State of residence to a reasonable degree of certainty. 2. Providers of online content services provided without payment of money, equivalent to the obligation on those providers who do receive payment of money, shall notify subscribers, the relevant holders of copyright and related rights and those holding any other rights in the content of online content service provision, of its decision to provide portability of content in accordance with paragraph 1. This notification shall be made by means that are adequate and proportionate. 3. Any decision made by providers of online content services provided without payment of money pursuant to paragraph 1 shall mean that those providers shall be subject to this Regulation.
Amendment 132 #
Proposal for a regulation Article 3 a (new) Article 3a Holders of copyright and related rights Under this Regulation, holders of copyright and related rights or those holding any other rights in the content of an online content service may authorise the access to and use of their content without the verification of the Member State of residence.
Amendment 133 #
Proposal for a regulation Article 3 b (new) Amendment 134 #
Proposal for a regulation Article 3 b (new) Amendment 135 #
Proposal for a regulation Article 3 c (new) Article 3c Verification of the Member State of residence 1. The provider of an online content service enabling the access to and use of an online content service for a subscriber who is temporarily present in a Member State shall take effective measures to verify on a regular basis the Member State of residence of its subscribers, and make sure that the access to and use of the service complies with this Regulation. 2. To comply with obligation set out in paragraph 1, the service provider may, inter alia: (a) sample or periodically check the IP address; (b) request proof as set out in Article 3b(2). 3. Should the provider have grounds to reasonably doubt that a subscriber is accessing and using its service in accordance with this Regulation, it shall take further measures to verify the Member State of residence of the subscriber. 4. The verification measures shall be reasonable, proportionate and not go beyond what is necessary in order to achieve the purpose of this Regulation. 5. The relevant holders of copyright and related rights or those holding any other rights in the content of an online content service shall be informed of the verification process followed by the provider to verify the Member State of residence of its subscriber. 6. 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 as a result the provider is unable to verify the Member State of residence as required by this Regulation, the provider shall not, on the basis of this Regulation, enable this subscriber to access or use the online content service when he or she is temporarily present in a Member State.
Amendment 136 #
Proposal for a regulation Article 4 – paragraph 1 Amendment 137 #
Proposal for a regulation Article 4 – paragraph 1 The provision of an online content service
Amendment 138 #
Proposal for a regulation Article 4 – paragraph 1 The provision of an online content service to, as well as the access to and the use of this service by, a subscriber, in accordance with Article 3(1), shall be deemed to occur solely in the Member State of residence including for the purposes of Directive 96/9/EC, Directive 2001/29/EC, Directive 2006/115/EC, Directive 2009/24
Amendment 139 #
Proposal for a regulation Article 4 – paragraph 1 a (new) (1a) Paragraph 1 is without prejudice to the rights of a provider in the Member State where a subscriber is physically located and shall not prevent the provider, if it so wishes, from granting access to content available in a Member State to a subscriber temporarily present in that Member State.
Amendment 140 #
Proposal for a regulation Article 5 – paragraph 1 (1) Any contractual provisions
Amendment 141 #
Proposal for a regulation Article 5 – paragraph 1 (1) Any contractual provisions including those between holders of copyright and related rights, those holding any other rights relevant for the use of content in online content services and service providers, as well as between service providers and subscribers which are contrary to Article
Amendment 142 #
Proposal for a regulation Article 5 – paragraph 1 (1) Any contractual provisions including those between holders of copyright and related rights, those holding any other rights relevant for the use of content in online content services and service providers, as well as between
Amendment 143 #
Proposal for a regulation Article 5 – paragraph 1 a (new) 1a. Contractual changes arising from the application of this Regulation shall not confer any right to withdraw from any contract or agreement, either between the subscriber and the provider or between the provider and the right holder.
Amendment 144 #
Proposal for a regulation Article 5 – paragraph 1 b (new) (1b) Amendments, adjustments or other contractual changes arising from the implementation of this Regulation shall not constitute a justifiable reason for the adjustment of charges, fees or rates, or of any other financial relations between the subscriber, the provider or the holder of rights.
Amendment 145 #
Proposal for a regulation Article 5 – paragraph 2 Amendment 146 #
Proposal for a regulation Article 5 – paragraph 2 (2) Notwithstanding paragraph 1,
Amendment 147 #
Proposal for a regulation 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
Amendment 148 #
Proposal for a regulation Article 5 – paragraph 2 (2)
Amendment 149 #
Proposal for a regulation 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 contractually require
Amendment 150 #
Proposal for a regulation Article 5 – paragraph 2 a (new) Amendment 151 #
Proposal for a regulation Article 5 – paragraph 2 a (new) (2a) Holders of copyright and related rights or those holding any other rights in the content of online content services may withdraw the provider's licence to use the content they have rights on, should the provider fail to act in accordance with Article 3(1) and Articles 3b and 3c.
Amendment 152 #
Proposal for a regulation Article 6 – paragraph 1 The processing of personal data carried out within the framework of this Regulation
Amendment 153 #
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 inform the Commission of such 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 right holders in the Member State in application of this Regulation, in particular for the application of Article 3(1) and Articles 3b, 3c and 5. That body shall also provide an opinion on such 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. 4. The Commission shall produce an evaluation report three years after the date of application of this Regulation, assessing 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 proposals, legislative or not, to improve the implementation of this Regulation.
Amendment 154 #
Proposal for a regulation Article 7 a (new) Article 7a Evaluation Three years after the entry into force of this Regulation the Commission shall assess the application of this Regulation and shall submit a report thereon to the European Parliament and to the Council. The report shall include an assessment of the use of cross-border portability and the verification of the Member State of residence and, if necessary, on the need for a review. The Commission's report shall be accompanied, if appropriate, by a legislative proposal.
Amendment 155 #
Proposal for a regulation Article 8 – paragraph 2 – subparagraph 1 Amendment 156 #
Proposal for a regulation Article 8 – paragraph 2 – subparagraph 1 It shall apply from [date:
Amendment 18 #
Proposal for a regulation Citation 1 a (new) – having regard to the Charter of Fundamental Rights of the European Union,
Amendment 19 #
Proposal for a regulation Recital 1 (1) Since the internal market comprises an area without internal frontiers relying, inter alia, on the free movement of services and persons, it is necessary to provide that consumers can use online content services which offer access to content such as music, games, films or sporting events
Amendment 20 #
Proposal for a regulation Recital 1 (1) Since the internal market comprises an area without internal frontiers relying, inter alia, on the free movement of services and persons, it is necessary to provide that consumers can use online content services which offer access to content such as music, games, films or sporting events not only in their Member State of residence but also when they are temporarily present in other Member States of the Union travelling for leisure or business. Therefore, barriers that hamper access and use of
Amendment 21 #
Proposal for a regulation Recital 1 (1) Since the internal market comprises an area without internal frontiers relying, inter alia, on the free movement of services and persons, it is necessary to provide that consumers can use online content services which legally offer access to content such as music, games, films or sporting events not only in their Member State of residence but also when they are temporarily present in other Member States of the Union. Therefore, barriers that hamper temporary access and use of such online content services cross border should be eliminated.
Amendment 22 #
Proposal for a regulation Recital 2 (2) The technological development leading to a proliferation of portable devices such as tablets and smartphones increasingly facilitates the use of online content services by providing access to them regardless of the consumers' location.
Amendment 23 #
Proposal for a regulation Recital 2 (2) The technological development leading to a proliferation of portable devices such as tablets and smartphones increasingly facilitates the use of online content services by providing access to them regardless of the consumers' location. There is a
Amendment 24 #
Proposal for a regulation Recital 2 a (new) (2a) The protection of authors, creators and right holders is a paramount objective for the Union and one that must be strictly adhered to in these times of technological change. That change nevertheless dictates that the forms such protection takes should be redesigned, so that they continue to be effective. In order to ensure a balance between that protection, on the one hand, and the safeguarding and enhancing of the Union's cultural diversity, especially as regards minorities, on the other, the Union must be viewed as a single geographical entity, with a view to full and effective completion of the digital single market.
Amendment 25 #
Proposal for a regulation Recital 2 a (new) (2a) As part of a further harmonisation copyright law, the Union and Member States should develop new forms of transnational European licences in the future. These would not constitute a loss of revenue for either creators or for right holders and would protect the expression of cultural and linguistic diversity across the Union. The use of online content services in the Union should be fairly regulated for creators, right holders and users.
Amendment 26 #
Proposal for a regulation Recital 2 a (new) (2a) In the context of online content services across the Union on a portable basis, it is of utmost importance to guarantee the promotion of European works and Europe's cultural and linguistic diversity including minority languages.
Amendment 27 #
Proposal for a regulation Recital 3 (3) Consumers increasingly enter into contractual arrangements with service providers for the provision of online content services. However, consumers
Amendment 28 #
Proposal for a regulation Recital 3 (3) Consumers increasingly enter into contractual arrangements with service providers for the provision of online content services. However, consumers that are temporarily present in another Member State of the Union often cannot access and use the online content services that they have legally acquired the right to use in their
Amendment 29 #
Proposal for a regulation Recital 4 (4) There are a number of barriers which hinder the provision of these services to consumers
Amendment 30 #
Proposal for a regulation Recital 4 (4) There are a number of barriers which hinder the provision of these services to consumers temporarily present in another Member State. Certain online services include content such as music, games or films which are protected by copyright and/or related rights under Union law. In particular, the obstacles to cross- border portability of online content services stem from the fact that the rights for the transmission of content protected by copyright and/or related rights such as audiovisual works are
Amendment 31 #
Proposal for a regulation Recital 4 (4) There are a number of barriers which hinder the provision of these services to consumers temporarily present in another Member State. Certain online services include content such as music, games or films which are protected by copyright and/or related rights under Union law. In particular, the obstacles to cross- border portability of online content services stem from the fact that the rights
Amendment 32 #
Proposal for a regulation Recital 4 (4) There are a number of barriers which hinder the provision of these services to consumers temporarily present in another Member State. Certain online services include content such as music, games or films which are protected by copyright and/or related rights under Union law. In particular, the obstacles to cross- border portability of online content services stem from the fact that the rights for the transmission of content protected by copyright and/or related rights such as audiovisual works are often licensed on a territorial basis, which may be unjustified, as well as from the fact that online service providers may choose to serve specific markets only.
Amendment 33 #
Proposal for a regulation Recital 4 (4) There are a number of barriers which hinder the provision of these services to consumers temporarily present in another Member State. Certain online services include content such as music, games or films which are protected by copyright and/or related rights under Union law. In particular, the obstacles to cross- border portability of online content services stem from the fact that the rights for the transmission of content protected by copyright and/or related rights such as audiovisual works are often licensed on a territorial basis as well as from the fact that online service providers may choose to serve specific markets only. These practices play a strong role in the financing of European cultural content and respond to the needs of European markets. While such practices should not hamper the legitimate access to and use of online content services by consumers when they are temporarily present in another Member State, the territorial licencing system remains vital for the continuation of a strong European cultural diversity.
Amendment 34 #
Proposal for a regulation 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
Amendment 35 #
Proposal for a regulation Recital 10 (10) The acquisition of a licence for the relevant rights is not always possible, notably when rights in content are licensed on an exclusive basis. In order to ensure
Amendment 36 #
Proposal for a regulation Recital 11 (11) In addition, the Court held in Joined cases C-403/08 and C-429/08, Football Association Premier League and Others, EU:C:2011:631, that
Amendment 37 #
Proposal for a regulation Recital 12 (12) Therefore, the objective of this Regulation is to
Amendment 38 #
Proposal for a regulation Recital 12 (12) Therefore, the objective of this Regulation is to adapt the legal framework in order to
Amendment 39 #
Proposal for a regulation Recital 12 (12) Therefore
Amendment 40 #
Proposal for a regulation Recital 12 (12) Therefore, the objective of this Regulation is to adapt the legal framework in order to ensure that the licensing of rights no longer presents barriers to cross- border portability of online content services in the Union and that the cross- border portability can be ensured and, with regard to the audiovisual sector, without abolishing the territorial principle as this would lead to a disproportionate loss to the detriment of the right holders and to a significant distortion of the market for premium audiovisual content.
Amendment 41 #
Proposal for a regulation Recital 12 (12) Therefore, the objective of this Regulation is to adapt the legal framework in order to ensure that the licensing of rights no longer presents barriers to cross- border portability of online content services in the Union and that the cross- border portability can be ensured. This is designed to ensure that those online content service providers who intend to adopt business models based on full accessibility of their services across the Union, moving beyond territorial exclusivity, are able to innovate and compete on an equal footing with service providers who persist with traditional models, thereby helping to complete the digital single market to the advantage of all consumers in the Union.
Amendment 42 #
Proposal for a regulation Recital 12 a (new) (12a) Portability should, in any case, be distinguished from the concept of cross- border access, which does not fall within the scope of this Regulation. As there is no contradiction between the principle of territoriality and the removal of barriers to portability of content services, the enhancement of portability of legally available and legally acquired services could be an important step to end unjustified geoblocking and to stimulate accessibility and the cross-border functionality of subscriptions.
Amendment 43 #
Proposal for a regulation Recital 12 a (new) (12a) As portability applies to previously acquired online content, it should be understood as an essential component of cross-border access. Therefore, the objective of this Regulation is also to ensure cross-border access for private and public users such as libraries and educational and cultural projects and institutions that need to access online content while being present in another Member State.
Amendment 44 #
Proposal for a regulation Recital 12 a (new) (12a) This Regulation provides legal and technical solutions to enable cross-border portability of online content services legally acquired for subscribers temporarily present in another Member State. It does not aim to change and should not affect the existing system of territorial licensing, which is key in the financing, production and distribution of European audiovisual works.
Amendment 45 #
Proposal for a regulation Recital 13 (13) This Regulation should, therefore, apply to online content services that a service provider, after having obtained the relevant rights from right holders in a given territory in the Union, provides to its subscribers on the basis of a contract, by any means including streaming, downloading or any other technique which allows use of that content
Amendment 46 #
Proposal for a regulation Recital 13 (13) This Regulation should, therefore, apply to online content services that a service provider, after having obtained the relevant rights from right holders in a given territory, provides to its subscribers on the basis of a contract, by any means including streaming, downloading or any other technique which allows use of that content.
Amendment 47 #
Proposal for a regulation Recital 14 (14) An online service which is not an audiovisual media service within the meaning of Directive 2010/13/EU and which uses works, other subject matter or transmissions of broadcasting organisations in a merely ancillary manner should not be covered by this Regulation, although it should, as far as possible, be provided in accordance with the guiding principles of portability and accessibility throughout the Union. Such services include websites that use works or other protected subject matter only in an ancillary manner such as graphical elements or music used as background, where the main purpose of such websites is, for example, the sale of goods.
Amendment 48 #
Proposal for a regulation Recital 15 Amendment 49 #
Proposal for a regulation Recital 15 (15) This Regulation should apply only to online content services which subscribers can effectively access and use in the Member State in which they habitually reside
Amendment 50 #
Proposal for a regulation Recital 15 (15) This Regulation should apply only to online content services which subscribers can effectively access and use in the Member State of residence in which they habitually reside without being limited to a specific location, as it is not appropriate to require service providers that do not offer portable services within the
Amendment 51 #
Proposal for a regulation Recital 16 (16) This Regulation should apply to online content services which are provided against payment of money.
Amendment 52 #
Proposal for a regulation Recital 16 a (new) (16a) Full and effective completion of the digital single market will presumably result in a situation in which the public authorities will be called upon to regulate, in the public interest, both content services and other kinds of services offered online which are provided in return for another non-monetary service (e.g. personal navigation data). The Commission should therefore bear this aspect in mind when this Regulation is reviewed.
Amendment 53 #
Proposal for a regulation Recital 16 a (new) (16a) Providers of online content services are already in a position to authenticate the Member State of residence of their subscribers at the time of the initial subscription but also have the ability to verify the continual access of content from outside the Member State of residence. The practice of geoblocking currently demonstrates the ability of service providers to deem whether usage is within a specific Member State of residence or outside that Member State, without hampering consumer privacy.
Amendment 54 #
Proposal for a regulation Recital 17 Amendment 55 #
Proposal for a regulation Recital 17 (17) Online content services which are provided without payment of money
Amendment 56 #
Proposal for a regulation 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
Amendment 57 #
Proposal for a regulation 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
Amendment 58 #
Proposal for a regulation 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
Amendment 59 #
Proposal for a regulation 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 in accordance with this Regulation. 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
Amendment 60 #
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
Amendment 61 #
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. Any action by a service provider which would prevent the subscriber from accessing or using the service while temporarily present in a Member State and not infringe this Regulation, 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 62 #
Proposal for a regulation Recital 18 a (new) (18a) A derogation from the obligation to offer cross-border portability on certain non-portable devices may be allowed in very limited circumstances where guaranteeing access for a subscriber would require the online service provider to enter into a separate contractual agreement with a third party device manufacturer or platform controller, as this may be technologically unfeasible or legally challenging.
Amendment 63 #
Proposal for a regulation Recital 19 (19) Requiring that the delivery of online content services to subscribers
Amendment 64 #
Proposal for a regulation Recital 20 Amendment 65 #
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
Amendment 66 #
Proposal for a regulation Recital 20 (20) In order to ensure that providers of online content services which are provided against payment of money comply with the obligation to provide cross-border portability of their services without acquiring 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 shall not prevent the provider from offering its subscriber, who is temporarily present in another Member State, online content that the provider lawfully provides in that Member State.
Amendment 67 #
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 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 Regulation and in particular the legal mechanism localising the provision of, the access to and the use of an online content service in the Member State of residence of the subscriber does not prevent a service provider from offering its subscriber who is temporarily present in another Member State an online content service that the provider lawfully provides in that Member State.
Amendment 68 #
Proposal for a regulation 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 Directive 2001/29/EC and Directive 2014/26/EU of the European Parliament and of the Council1a and that they have authorisation from the right holders to use their content. __________________ 1a 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 69 #
Proposal for a regulation Recital 20 a (new) (20a) Nothing in this Regulation should be interpreted as restricting a service provider from offering its services to a customer permanently located in another Member State.
Amendment 70 #
Proposal for a regulation Recital 21 (21) For the licensing of copyright and related rights, this means that relevant acts of reproduction, communication to the public and making available of works and other protected subject-matter, as well as the acts of extraction or re-utilization in relation to databases protected by sui generis rights, which occur when the service is provided to subscribers
Amendment 71 #
Proposal for a regulation Recital 21 (21) For the licensing of copyright and related rights, this means that relevant acts of reproduction, communication to the public and making available of works and other protected subject-matter, as well as the acts of extraction or re-utilization in relation to databases protected by sui generis rights, which occur when the service is provided to subscribers when they are temporarily present in a Member State other than their Member State of residence, should be deemed to occur in the subscribers' Member State of residence. The service providers, therefore, should be deemed to carry out such acts on the basis of the respective authorisations from the right holders concerned for the Member State of residence of these subscribers. Whenever service providers can carry out acts of communication to the public or reproduction in the Member State of the subscriber on the basis of an authorisation from the right holders concerned, a subscriber who is temporarily present in a Member State other than his Member State of residence should be able to access and use the service and where necessary carry out any relevant acts of reproduction such as downloading which he would be entitled to do in his own Member State of
Amendment 72 #
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.
Amendment 73 #
Proposal for a regulation Recital 21 a (new) (21a) The providers and holders of rights relevant for the provision of online content services should not be allowed to circumvent the application of this Regulation by choosing the law of a third country as the law applicable to contracts between them or to contracts between providers and subscribers.
Amendment 74 #
Proposal for a regulation Recital 22 (22) Service providers should not be liable for breach of any contractual provisions contrary to the obligation to enable their subscribers to use the service in the Member State
Amendment 75 #
Proposal for a regulation Recital 22 a (new) (22a) Should a subscriber fail to provide the necessary information and the provider is unable to verify the Member State of residence as required under this Regulation as a result, the provider should not provide cross-border portability of the online content service to such a subscriber under this Regulation.
Amendment 76 #
Proposal for a regulation 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
Amendment 77 #
Proposal for a regulation 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 necessary, however, to ensure that the required means are reasonable and do not go beyond what is necessary in order to achieve this purpose.
Amendment 78 #
Proposal for a regulation 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 upon subscription that the online content service is provided in conformity with this Regulation. 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.
Amendment 79 #
Proposal for a regulation 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
Amendment 80 #
Proposal for a regulation 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 necessary, however, to ensure that the required means are reasonable, adapted to the nature of the online content service concerned 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
Amendment 81 #
Proposal for a regulation Recital 23 a (new) (23a) The list of verification means, provided for in this Regulation, aims to provide legal certainty as to the verification means to be used by service providers. In each case, account should be taken of a particular verification means in the given Member State and of the given type of online content service. Unless the Member State of residence can be established to a sufficient degree of certainty on the basis of a single verification means, providers should rely on a combination of these means. Furthermore, this Regulation should allow agreements between service providers and right holders as to which particular verification means could be used by providers. This should allow for flexibility as to the choice of the verification means. Such means should also be effective, reasonable and should not go beyond what is necessary in order to achieve the purpose of establishing the Member State of residence. However, holders of copyright and related rights, or other rights in content of online content services should remain able to permit their content to be accessed and used under this Regulation without verification of the Member State of residence provided they do so equally across all Member States. Right holders should be able to take such decisions freely and individually when entering into agreements with providers. Service providers may request the subscriber to provide necessary information in order to sufficiently authenticate or verify a subscriber's Member State of residence. If the subscriber fails to provide such information and as a result the provider is unable to establish or verify the Member State of residence as required under this Regulation, the provider should not provide cross-border portability of online content service to this subscriber.
Amendment 82 #
Proposal for a regulation Recital 23 a (new) (23a) In order to enable cross-border portability of online content services, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of establishing a non-exhaustive list of means for the verification of the subscriber's Member State of residence, prepared and drawn up in consultation with industry, small right holders and consumer representatives. Such verification means should be the most appropriate in the relevant Member State and equivalent amongst Member States. This list may, for example, include a confirmed installation of a set top box, a local home bank account, a local electoral role or tax paying confirmation. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making1a. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 1a OJ L 123, 12.5.2016, p. 1.
Amendment 83 #
Proposal for a regulation Recital 23 a (new) (23a) In order to enable cross-border portability of online content services, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of establishing a non-exhaustive list of means for the verification of the subscriber's Member State of residence, prepared and drawn up in consultation with all relevant experts, including small right holders and consumers' rights organisations. Such verification means should be the most appropriate in the relevant Member State and equivalent amongst Member States. This list may, for example, include a confirmed installation of a set top box, a local home bank account, a local electoral role or tax paying confirmation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making1a. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 1a OJ L 123, 12.5.2016, p. 1.
Amendment 84 #
Proposal for a regulation 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 right to property, including intellectual property rights, 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
Amendment 85 #
Proposal for a regulation Recital 24 a (new) (24a) This Regulation should respect the obligations that the Union is subject to under international treaties protecting copyright and related rights, including the Berne Convention for the Protection of Literary and Artistic Works, the World Intellectual Property Organisation (WIPO) Copyright Treaty and the WIPO Performances and Phonograms Treaty.
Amendment 86 #
Proposal for a regulation Recital 25 a (new) (25a) This Regulation does not affect the application of Directive 2014/26/EU of the European Parliament and of the Council1a and in particular Title III of that Directive. The rules provided for in this Regulation are consistent with the objective facilitating the lawful access to content which is protected by copyright and related rights as well as services linked thereto. __________________ 1a 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 87 #
Proposal for a regulation Recital 25 a (new) Amendment 88 #
Proposal for a regulation 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
Amendment 89 #
Proposal for a regulation Recital 27 (27) As the Regulation will therefore apply to some contracts and rights acquired before the date of its application, it is also appropriate to provide for a reasonable period between the date of entry into force of this Regulation and the date of its application allowing right holders and service providers to make the arrangements necessary to adapt to the new situation, as well as allowing service providers to amend the terms of use of their services. Changes to the terms of use of online content services offered in packages combining an electronic communications service and an online content service made strictly in order to comply with this Regulation should not trigger any right for subscribers under national laws transposing the regulatory framework for electronic communications networks and services to withdraw from contracts for the provision of such electronic communications services.
Amendment 90 #
Proposal for a regulation Recital 27 a (new) (27a) In order to guarantee the proper implementation of the Regulation, to provide the online content service providers, the relevant right holders and the consumers with a national one-stop shop, and to allow the Commission to easily gather and exchange relevant data, the Member States should create or designate a body to follow the implementation of this Regulation. As this Regulation will affect the relationship between every actor on the value chain, it is also necessary that this body is able to receive and offer interpretation on possible disagreements emerging from the way in which the actors of the value chain implement this Regulation.
Amendment 91 #
Proposal for a regulation Recital 28 (28) In order to achieve the objective of ensuring cross-border portability of online content services in the Union, it is appropriate to adopt a regulation, which directly applies in Member States. This is necessary in order to guarantee a uniform application of the cross-border portability rules across Member States and their entering into force at the same time with regard to all online content services. Only a regulation ensures the degree of legal
Amendment 92 #
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 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 objective. Th
Amendment 93 #
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 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 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
Amendment 94 #
Proposal for a regulation Article 1 – paragraph 1 This Regulation introduces a common approach to ensuring that subscribers to online content services in the Union
Amendment 95 #
Proposal for a regulation Article 1 – paragraph 1 This Regulation introduces a common approach to ensuring that subscribers to online content services in the
Amendment 96 #
Proposal for a regulation Article 1 – paragraph 1 This Regulation introduces a common approach to ensuring that subscribers to legally acquired online content services in the Union, when temporarily present in a Member State
Amendment 97 #
Proposal for a regulation Article 1 – paragraph 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, on the condition that the provider of online content services has verified the subscriber's Member State of residence.
Amendment 98 #
Proposal for a regulation Article 2 – point a (a) "Subscriber" means any consumer who, on the basis of a contract for the provision of an online content service with
Amendment 99 #
Proposal for a regulation Article 2 – point b (b) "Consumer" means any natural person
source: 582.405
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