The Portability of Online Content Services Regulations 2018

JurisdictionUK Non-devolved
CitationSI 2018/249

2018 No. 249

Intellectual Property

Consumer Protection

The Portability of Online Content Services Regulations 2018

Made 26th February 2018

Laid before Parliament 28th February 2018

Coming into force 1st April 2018

The Secretary of State is a Minister designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to intellectual property and measures relating to consumer protection.

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972.

S-1 Citation and commencement

Citation and commencement

1.—(1) These Regulations may be cited as the Portability of Online Content Services Regulations 2018.

(2) These Regulations come into force on 1st April 2018.

S-2 Interpretation


2.—(1) In these Regulations—

“provider” means a person who provides an online content service and—

(a) is required, under Regulation 2017/1128, to ensure that the service is portable; or

(b) opts, under that Regulation, to provide a service that is portable; and

“Regulation 2017/1128” means Regulation (EU) No 2017/1128 of the European Parliament and of the Council of 14th June 2017 on cross-border portability of online content services in the internal market3.

(2) Other words and expressions in these Regulations are to be construed in accordance with Regulation 2017/1128.

S-3 Application


3.—(1) These Regulations apply to online content contracts concluded and online content rights acquired—


(a) on or after 1stApril 2018; or


(b) before 1st April 2018, where such contracts and rights subsist on or after 1st April 2018.

(2) In paragraph (1), a reference to online content contracts and online content rights is a reference to such contracts and rights which relate to the provision of, the access to, and the use of an online content service under Regulation 2017/1128.

S-4 Actionable breach

Actionable breach

4.—(1) A breach of an obligation by a provider to comply with Article 3(1) (obligation to provide online content service), Article 3(3) (steps reducing quality of delivery) or Article 9(2) (verification) of Regulation 2017/1128 is a breach of a duty owed by that provider to a subscriber.

(2) Where the subscriber suffers loss or damage due to such a breach by the provider, that loss or damage is actionable by the subscriber against that provider.

S-5 Review


5.—(1) The Secretary of State must carry out a review of these Regulations.

(2) In carrying out the review, the Secretary of State must have regard to how, rights and obligations corresponding to rights and obligations in this instrument, operate in other member States.

(3) The Secretary of State must set out the conclusions of the review in a report.

(4) The report must in particular—


(a) set out the objectives intended to be achieved by these Regulations;


(b) assess the extent to which those objectives are achieved; and


(c) assess...

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