Cross-border portability of online content services after Brexit

Rules that mean UK customers can access their online content services when they visit the EU will change.

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The EU Portability Regulation allows consumers across the EEA to access their online content services (for example, video-on-demand streaming services, such as Netflix and Amazon Prime) as if they are at home, when they travel within the EEA.

This means that an online service provider is required to provide content ordinarily available in the UK to a UK customer temporarily present in any other member state. The same is true for EEA customers temporarily visiting the UK. The regulation applies only to travel between EEA member states.

Cross-border portability after Brexit

The EU Portability Regulation will cease to apply to UK-EEA travel. In the UK, the regulation will be revoked.

Online content service providers will no longer be required under the regulation to provide content ordinarily available in the UK to a UK customer who is temporarily present in any other EEA Member State.

This will not prevent service providers offering cross-border portability to their customers on a voluntary basis, but to do so they will require the permission of the owners of the content they provide.

Changes for UK customers of online content services

UK customers visiting the EEA and EEA customers visiting the UK may see restrictions to the content ordinarily available to them when in their home state.

This will depend on the terms of their services and the licences in place between service providers and right holders.

Published 18 October 2019