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European Union approves Regulation 2017/1128/EU on the cross-border portability of online content services

Gianluca Campus (University of Milan)

July 3, 2017

Two and a half years after the first draft proposal of the European Commission, and following a number of contributions from the Council, the European Economic and Social Committee and the Committee on Legal Aﬀairs of the European Parliament (see here for a summary of the approval process), on 30th June 2017 the EU finally approved Regulation 2017/1128/EU on the cross-border portability of online content services (OJEU 30.6.17 L168).

The new Regulation introduces to the EU copyright framework the right for users to access portable services to which they have subscribed in one Member State when they are temporarily resident in another Member State. The Regulation shall enter into force on 20th July 2017 but its provisions will apply from 20th March 2018. This means that online content service providers will have less than nine months to implement all the necessary technical, contractual and organisational measures to allow cross-border portability of their services. A first analysis of Regulation 2017/1128/EU will be available on the Kluwer Copyright Blog in the next few weeks.

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