Cross-border portability of online content services from 1 January 2021

Guide

Last updated 30 January 2021

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

This means that an online service provider must provide customers with the same content that they can access in their home state when they are temporarily present in another state. The regulation applies only to travel between EEA member states.

Cross-border portability of online content services between the UK and EU

The EU Portability Regulation no longer applies to UK-EEA travel. In the UK, the regulation has been revoked.

Online content service providers are not required to provide content ordinarily available in the UK to a UK customer who is temporarily present in an 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 need the permission of the owners of the content they provide.

Changes for UK customers of online content services

UK customers visiting the EEA and vice versa may see restrictions to the content available to them.

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


First published 26 November 2020