The European Consumer Centre Malta has provided information on the publication of a new brochure by the European Consumer Centre on digital content.

The leaflet notes that the term Digital Content refers to products available in a digital form, such as music and electronic media.

“The digital content does not have a tangible format; however, it is produced in a format which can be physically touched, example a blu-ray disk containing a film. It is important not to confuse digital content with the ways by which digital content or goods and services are chosen, purchased, supplied or transmitted.”

The ECC-Malta said that, some argue that digital content is everything that can be published on the internet, including blogs. “If this is true, then, this means that every time we read an article on the internet, listen to music or even post a Facebook message with our smart phone, we’re actually reading, listening or creating digital content.”

What does the law state with regards to digital content? The ECC-Malta said that presently, there is no specific legislation that deals with digital content. “However, there are some aspects that are regulated by other laws. For example, when a consumer is bound by a contract, the trader should provide the consumer with information that is clear, comprehensible and is at least in one of the official languages of Malta (Maltese or English).”

It was noted that these rules also count for the digital content aspects. “The trader should also inform the consumer about the functionality of the product, including the applicable technical protection measures of the digital content. The consumer should also be informed if the trader is aware or can reasonably be expected to have been aware of any relevant interoperability of digital content with hardware and software.”

The ECC-Malta added that, “one can link digital content with the term geoblocking. This refers to the restrictions which undermine online shopping and cross-border sales.”

This concept limits the possibility for consumers and businesses to benefit from the advantages of online commerce. Companies and online retailers apply barriers to consumers on the basis of their nationality or place of residence. The ECC-Malta said that some examples of this would be:

1. blocking access to websites across borders

2. denying delivery or shipment across border

3. denying the possibility to download certain content

The Digital Single Market Strategy was created by the European Commission in order to prevent unjustified geoblocking, the ECC-Malta said. A legislative proposal was made after assessing the responses from a public consultation held in 2015.

The proposed regulation tackles the problem of consumers not being able to buy goods and services from traders located in a different Member State, or being discriminated in prices or sales conditions just because they live in another country, said the ECC-Malta.

It remarked that the proposed rules include certain situations when there can be no justified reasons for geo-blocking or other discriminations due to nationality or location. These situations include where:

* the trader sells goods that are delivered in a member state to which the trader offers delivery or are collected at a location agreed upon with the customer; when a customer buys an electronically delivered service, such as cloud services, data warehousing, website hosting;

* when a customer buys a service which is supplied where the trader operates, such as hotel accommodation, sports events, car rental, and entry tickets to music festival or leisure parks.

ECC-Malta went on to say that unlike price discrimination, price differentiation will not be prohibited, so traders are free to offer different general conditions of access, including prices, and to target certain groups of customers in specific territories. “Moreover, traders will not be obliged to deliver goods to customers outside the member state to which they offer delivery.”

It said that this proposal aims to remove barriers to cross-border portability so that the needs of users can be met more effectively as well as promoting innovation for the benefit of consumers, service providers and right holders.

The European Consumer Centre of Malta (ECC-Malta) is publishing a brochure about digital content and geoblocking. This can be acquired from the entity’s office in Valletta.

This information has been provided by the European Consumer Centre Malta. The ECC-Net is a European network consisting of 30 European Consumer Centres, representing all EU Member States and also Iceland and Norway. The network is co-funded by the European Commission and the EU Member States.

In addition to assisting consumers in case of a complaint or dispute, members of the ECC-Net engage in joint projects in order to investigate specific business sectors. ECC – Malta is hosted by the Malta Competition and Consumer Affairs Authority (MCCAA).

ECC – Malta can be contacted by email on: ecc.malta@mccaa.org.mt by telephone by calling on 21221901 or by calling personally at ‘Consumer House,’ No. 47A South Str. Valletta.

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