Consumer Protection and the Portability Regulation

The author analyses the impact of the Portability Regulation [Regulation (EU) 2017/1128 of the European Parliament and of the Council of 14 June 2017 on cross-border portability of online content services in the internal market] on the rights of consumers guaranteed by the currently negotiated proposal for a Directive on certain aspects concerning contracts for the supply of digital content (Digital Content Directive). Both the Portability Regulation and the proposal for a Digital Content Directive address the issue of access to digital content from different perspectives and complement each other, although they use different legal terminology and in some respects have a different scope of application in the question of crossborder portability of the digital content provided for monetary counter performance to consumers. The author aims to answer whether a consumer who is not allowed to use the digital content in other EU Member States besides the Member State of his residence will be entitled to pursue claims arising from the non-conformity of the digital content with the contract.The author analyses the impact of the Portability Regulation [Regulation (EU) 2017/1128 of the European Parliament and of the Council of 14 June 2017 on cross-border portability of online content services in the internal market] on the rights of consumers guaranteed by the currently negotiated proposal for a Directive on certain aspects concerning contracts for the supply of digital content (Digital Content Directive). Both the Portability Regulation and the proposal for a Digital Content Directive address the issue of access to digital content from different perspectives and complement each other, although they use different legal terminology and in some respects have a different scope of application in the question of crossborder portability of the digital content provided for monetary counter performance to consumers. The author aims to answer whether a consumer who is not allowed to use the digital content in other EU Member States besides the Member State of his residence will be entitled to pursue claims arising from the non-conformity of the digital content with the contract