If you wish to act as an on-demand audiovisual media service (on-demand AVMS) provider, you should submit a notice of economic activities to the Register of Economic Activities.
On-demand audiovisual media service is provided for the viewing of programmes at the moment chosen by the user at his or her individual choice and request on the basis of a catalogue of programme.
On-demand AVMS features are:
- Audiovisuality, which means, that media service is audiovisual, includes moving pictures and could be with or without sound
- Directed to public, which means that service is communicated to the important part of the audience and service might have a clear impact on the audience
- Service has informative, entertaining and/or educative content
- Service has economic character, being one of the forms of economic activities and competing with television services
- Service in TV-like
- Service provider has editorial responsibility which means control over the selection, content and structure of a programme catalogue
On-demand AVMS do not include services, which partly offer audiovisual content which is merely incidental and does not constitute its principal purpose and those activities are mostly non-economic and do not compete with television services. For example, on-demand AVMS do not include webpages, where audiovisual content act as an addition to the main content of the webpage and do not form a subservice of a webpage, where videos are offered in a separate catalogue.
Legal basis
Offering of media services is regulated by:
- Media Services Act
- General Part of the Economic Activities Code Act
- Audiovisual Media Services Directive 2018/1808/EL
To offer on-demand AVMS you do not need to apply for a licence. On-demand audiovisual media service provider has a notification obligation.
Requirements for the submitter
On-demand AVMS provider has to keep in mind below requirements:
- You are the person that Media Services Act applies to
- The service offered has main features stated in the Media Services Act
The services is in accordance with Media Services Act´s general requirements to the audiovisual media services and requirements to the on-demand AVMS.
Cross-border operation
To receive or retransmit an on-demand AVMS that has an active licence or registration or that is acting according to the law of any European Union Member State does not need a licence to be issued or a registration in Estonia, nor does service provider need to submit a notice of economic activity.
Reception and retransmition of an on-demand AVMS from another state is not restricted unless in the cases provided for in § 52 of Media Services Act.
There are basic principles coming from Audiovisual Media Services Directive that are valid in all European Union Member States, but every state can provide more strict or detailed rules. Thus can the regulation vary in different states.
Filling in and submitting a notice
A notice of economic activities contains the following general information:
- in the case of an undertaking which is a legal person the name and registry code, in the absence thereof the relevant identification code of the country of its seat (the numerical or letter combination equal to the registration number), in the case of a sole proprietor the name and registry code, in the absence thereof the personal identification code or date of birth and the name and number of the identity document
- contact details (telephone number, e-mail address and postal address) of the undertaking
- in the case of an undertaking of another Contracting State or a third country, the address of its seat if it differs from the postal address
- the name of the area of activity pursuant to law and the name and code in accordance with the classification established on the basis of subsection 4 (6) of the Commercial Code
- the date of commencement of economic activities in the relevant area of activity if it differs from the date of submission of the notice of economic activities
- the date of termination of economic activities if the economic activities are planned for a specified term
- the name and contact details (telephone number and e-mail) of the person signing the notice, in the case of a legal person also the basis for representation (member of the management board or authorisation)
The following must be including with the general information:
- the service provider’s website address;
- the name and type of the on-demand audiovisual media service and the specification of the service;
- the forms and coverage areas of the accessibility of the service;
- the name and contact details of the executive producer of the programme catalogue;
- a reference to the fact on the basis of which the service provider falls under Estonian law;
- an accessibility action plan that includes a description of the activities for improving access to services for persons with disabilities planned for the current calendar year and the subsequent 3 years and the time of implementation;
- a reference to the Consumer Protection and Technical Regulatory Authority as the body exercising state supervision.
A notice of economic activities can be submitted:
- by entering the Register of Economic Activities (authentication is required);
- via notary.
Proceeding the submitted notice
If the data provided to the registrar is insufficient, you will be informed promtly via e-mail and asked to submit the missing data.
Notice submitted to the Register of Economic Activities electronically is visible in the register at once. The registrar enters submitted data to the Register during next working day at the latest.
The notice is valid termless.
Amending the data on a notice of economic activities
Upon a change in the general information concerning economic activities an undertaking notifies the registrar thereof promptly, but no later than within five working days, specifying the changed information in the notice (hereinafter notice on a change in the general information concerning economic activities).
Enterpreneur can change the data directly in the register as well by:
- entering the Register of Economic Activities (You can log in using your EU eID, Estonian ID-card, mobile-ID or Smart-ID)
- submitting a digitally signed application via e-mail: [email protected]
- sending a mail to Consumer Protection and Technical Regulatory Authority, Endla 10a, 10142 Tallinn;
Renouncement of economic activity
An undertaking notifies the registrar of renouncement of economic activities, setting out in the notice the time of renouncement of economic activities (hereinafter notice on renouncement of economic activities).
If economic activities are renounced for a certain term, the undertaking may give notice of the dates of renouncement and re-commencement of economic activities (hereinafter notice on temporary renouncement of economic activities).
A notice can be submitted by:
- entering the Register of Economic Activities (You can log in using your EU eID, Estonian ID card, mobile-ID, Smart-ID)
- submitting a digitally signed application via e-mail: [email protected]
- sending a mail to Consumer Protection and Technical Regulatory Authority, Endla 10a, 10142 Tallinn;
Supervision
The Consumer Protection and Technical Regulatory Authority is responsible for the national supervision in the field of on-demand audiovisual media services.
Contact details
Substantive information
Peeter Sookruus, Consumer Protection and Technical Regulatory Authority, tel: +372 667 2082, e-mail: [email protected]
Helin Pertelson, Consumer Protection and Technical Regulatory Authority, tel: +372 667 2040, e-mail: [email protected]
Registry information and technical questions
Register of Economic Activities, tel: +372 668 7080, e-mail: [email protected]