Verification of the Member State of residence

1. At the conclusion and upon the renewal of a contract for the provision of an online content service provided against payment of money, the provider shall verify the Member State of residence of the subscriber by using not more than two of the following means of verification and shall ensure that the means used are reasonable, proportionate and effective:

an identity card, electronic means of identification, in particular those falling under the electronic identification schemes notified in accordance with Regulation (EU) No 910/2014 of the European Parliament and of the Council ( 12 ) , or any other valid identity document confirming the subscriber’s Member State of residence;

payment details such as the bank account or credit or debit card number of the subscriber;

the place of installation of a set top box, a decoder or a similar device used for supply of services to the subscriber;

the payment by the subscriber of a licence fee for other services provided in the Member State, such as public service broadcasting;

an internet or telephone service supply contract or any similar type of contract linking the subscriber to the Member State;

registration on local electoral rolls, if the information concerned is publicly available;

payment of local taxes, if the information concerned is publicly available;

a utility bill of the subscriber linking the subscriber to the Member State;

the billing address or the postal address of the subscriber;

a declaration by the subscriber confirming the subscriber’s address in the Member State;

an internet protocol (IP) address check, to identify the Member State where the subscriber accesses the online content service.

The means of verification under points (i) to (k) shall only be used in combination with one of the means of verification under points (a) to (h), unless the postal address under point (i) is included in a publicly available official register.

2. If the provider has reasonable doubts about the subscriber’s Member State of residence in the course of the duration of the contract for the provision of an online content service, the provider may repeat the verification of the Member State of residence of the subscriber, in accordance with paragraph 1. In such a case, however, the means of verification under point (k) may be used as a sole means. Data resulting from the use of the means of verification under point (k) shall be collected in binary format only.

3. The provider shall be entitled to request the subscriber to provide the information necessary to determine the subscriber’s Member State of residence in accordance with paragraphs 1 and 2. If the subscriber fails to provide that information, and as a result the provider is unable to verify the subscriber’s Member State of residence, the provider shall not, on the basis of this Regulation, enable the subscriber to access or use the online content service when the subscriber is temporarily present in a Member State.

4. The holders of copyright or related rights or those holding any other rights in the content of an online content service may authorise the provision of, access to and use of their content under this Regulation without verification of the Member State of residence. In such cases, the contract between the provider and the subscriber for the provision of an online content service shall be sufficient to determine the subscriber’s Member State of residence.

The holders of copyright or related rights or those holding any other rights in the content of an online content service shall be entitled to withdraw the authorisation given pursuant to the first subparagraph subject to giving reasonable notice to the provider.

5. The contract between the provider and the holders of copyright or related rights or those holding any other rights in the content of an online content service shall not restrict the possibility for such holders of rights to withdraw the authorisation referred to in paragraph 4.

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