Legal Protection of Electronic Pay-Services
(conditional access)
Second report on the implementation of Directive
Article 3 of the Treaty establishing the European Community assigned the European Community the task of ensuring the creation of an internal market characterised by the abolition, as between Member States, of obstacles to the free movement of goods, persons, services and capital.
Directive 98/84/EC of the European Parliament and of the Council of 20 November 1998 on the legal protection of services based on, or consisting of, conditional access was adopted in order to bring the national provisions on the above services into line with a view to achieving the objectives of the single market in terms of the free movement of goods and services.
Article 7 of the Directive stipulates that not later than three years after the entry into force of this Directive, and every two years thereafter, the Commission is to present a report to the European Parliament, the Council and the Economic and Social Committee concerning the implementation of this Directive.
Public consultation
11.02.2008 - The Commission launches a vast consultation on services
protected by conditional-access systems
Study on the impact of the Conditional Access
Directive
KEA and CERNA – Study prepared on behalf of the European Commission –
December 2007
- Study
 
(PDF - 1,2 MB)
- Executive Summary
Directive 98/84/ECC
Directive 98/84/EC on the legal protection of conditional access
services aims to provide a minimum level of equivalent protection within
the EU of electronic pay-services against piracy by prohibiting all
commercial manufacturing, distribution and marketing activities related
to pirate smart cards and other devices circumventing the access
protection of pay-TV, radio and internet services.
EEA Decision
- Decision of the
EEA Joint Committee Nr 17/2001 of 28 February 2001 amending Annexes
X (Audiovisual services) and XI (Telecommunication services) to the EEA
Agreement, in all languages
National
Implementation of Directive 98/84/EC
Read more...
Report
on the functioning of Directive 98/84/EC
Article 7 of the Directive provides that, not later than three years
after the entry into force of the Directive, and every two years
thereafter, the Commission shall submit a report to the European
Parliament, the Council and the Economic and Social Committee concerning
the implementation of the Directive accompanied, where appropriate, by
proposals, in particular as regards the definitions under Article 2, for
adapting it in the light of technical and economic developments and of
the consultations carried out by the Commission.
The First Report deals with the implementation of the Directive
since its adoption in November 1998 through to the end of 2002.
The report describes and analyses the salient facts relating to the key
provisions of the Directive and their implementation in national
legislation. The report is based upon the transposition information
provided by Member States as well as the views expressed by market
players, in particular on the development of piracy and the enforcement
by national authorities, and the Commission’s own views and analysis. It
also takes account of the results of an independent
study commissioned in
1999 on the use of conditional access for reasons other than the
protection of remuneration.
- Executive Summary
 
- Full Report – COM(2003)198 final of 24.04.2003
       
-
Press Release
Council of Europe
Instruments
-
Convention Nr 178 on the legal protection of conditional access
services
-
The Council of Europe adopted the Convention on 24 January 2001 and it entered
into force on 1 July 2003. Adopted three years after the EU Directive, its
provisions are similar: parties have to put in place sanctions against piracy
of protection systems – like decoders, smart cards, or software – which filter
access to content on the condition of payment. The Commission now calls for the
ratification of this Convention that would extend the similar provisions of the
EU Directive to the 47 Member States of the Council of Europe and adopted on
15/12/2010 two draft Council decisions in order for the European Union to sign
and conclude the Convention Nr 178 on the legal protection of conditional access
services.
- Recommendation
R(91)14 on the legal protection of encrypted television services
-
Convention Nr 185 on cybercrime
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