Portability of content in the Digital Single Market

Dinner Debate


In December 2015 the Commission outlined its vision of a modern EU copyright framework, the first step in delivering upon the commitments of the Digital Single Market strategy.

The proposal for a Regulation on cross-border portability is a cornerstone of this reform agenda.

The rapid take up of online content services and increasing use of portable devices, especially across borders, means that Europeans today expect to use online content services from wherever they are in the Union. This draft Regulation aims to remove those barriers that prevent users from accessing in another Member State the content that they paid for in the Member State in which they are habitually resident.

The draft regulation is expected to come into force in 2017, to correspond with the much-anticipated end of retail roaming charges. Once implemented, the regulation will apply retrospectively, meaning any contractual provisions that restrict cross-border portability will be invalid from that date onwards.

To further understand the nature of the proposed Regulation and its contribution to the Digital Single Market ambition, the EIF is bringing together a distinguished panel of experts to provide a comprehensive analysis.

They key questions that participants will grapple with include:

  • How will the proposed Regulation impact on the licensing of rights and what will be its effect on the business models of rightholders and service providers?
  • How do the new rules address the issue of accessing digital content from another Member State?
  • How will the extended portability impact the financing structure of the audiovisual sector?
  • What kind of technical measures will be adopted by broadcasters and telecom operators to deliver on the Regulation, and how will these measures work in practice?
  • How will this extended availability of digital content impact on the take-up of broadband services throughout Europe?


programme - 16/02/2016

Welcome and introduction:

Sabine Verheyen, MEP and EIF Steering Committee Member


Agata Gerba, Team Leader – Legal Adviser, European Commission, DG CONNECT, Copyright

Prof. Dr. P. Bernt Hugenholtz, Professor of Copyright Law at the Institute for Information Law (IViR) of the University of Amsterdam

Anne-Carole Nourisson, Senior Advisor, Watchever

Malene Ehlers, COO and Attorney-at-law, Nordisk Film Production

Prof. Eugenio Prosperetti, Professor “Legal Aspects of Information Technology”, School of Law of Rome “LUISS Guido Carli” University

First Respondent:

Agustin Reyna, Digital Team Leader, BEUC

Exchange of views with participants
Download programme


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