16:47

Netflix has distanced itself from claims that British holidaymakers will lose access to its shows while on vacation in Europe after Brexit.

The question arose three days before an EU “portability” regulation on streaming films and TV comes into force. From 1 April, new rules mean it will be easier to watch films or download books and music using domestic versions of streaming services, while on holiday in the EU.

On Wednesday the European commission issued a technical notice on copyright, which stated that after Brexit UK residents “will no longer benefit from their digital content subscriptions when travelling to the EU”.

The notice generated this headline in the Daily Express: “Brexit PUNISHMENT: Britons blocked from using Netflix on holiday as petty EU cracks down.”

On Netflix, the consequences may not be very dramatic. British residents on holiday in any EU27 country may have to use the local version of Netflix, rather than the UK version, a privilege conferred on EU citizens under the new portability regulation.

Netflix poured cold water water on the notion that consumers would lose out. The company argues that users can already get the local service wherever Netflix is available, stressing that popular programmes such as The Queen or Black Mirror are available everywhere.

Claims about lost access to BBC TV iPlayer have proved misplaced. The TV streaming service, unlike iPlayer radio, is not available outside the UK and that will not change as a result of the EU regulation. A BBC spokesman said:

We are interested in being able to allow UK licence fee payers to access BBC iPlayer while they are on holiday, and welcome the EU regulation to help make this feasible. There are complex technical issues to resolve which we are investigating and it will be dependent on what legislation is in effect in the UK in the future.

British consumers may see changes after Brexit, as companies will have to apply across the EU27 for licences. The commission notice states: “a provider of online content services established in the United Kingdom will need to comply with the rules of the relevant EU member state or states where it wishes to offer services to its subscribers – including the need to clear all relevant rights for that or those member states.”



The rules are likely to come into force in 2021, after a Brexit transition period, although the EU notice is ambiguous on timing.



Netflix aside, the British government still faces a daunting set of issues to negotiate on intellectual property.



A recent paper by an industry body, the Alliance for Intellectual Property, called for “urgent action” to prevent cliff-edge risks. The group, which represents entertainment and publishing industries, as well as anti-counterfeiting groups, said:

