Poland’s UOKiK Charges HBO Europe Over Device Compatibility Cuts Mid-Subscription

Key Takeaways

• Device Compatibility at Issue: Poland’s UOKiK has initiated proceedings against HBO Europe over allegations that it unilaterally removed certain devices from its supported list during active subscription periods.
• Disclosure Under Scrutiny: The regulator is examining whether consumers were properly informed about technical requirements and the risk of losing access during the subscription term.
• Contract Clauses Questioned: UOKiK is reviewing terms stating that HBO does not guarantee ongoing compatibility with devices that were supported at the time of contract conclusion.
• Durable Medium Concerns: The authority has raised concerns that compatibility information was not consistently provided on a durable medium, such as a contract confirmation email.
• Significant Financial Exposure: If violations are confirmed, HBO Europe could face fines of up to 10% of turnover per infringement and be required to remedy the effects, including potential refunds.

Deep Dive

Poland’s competition and consumer protection authority has launched proceedings against HBO Europe, alleging that the streaming provider may have infringed the collective interests of consumers by unilaterally restricting access to its service on certain devices while subscriptions remained active.

The President of the Office of Competition and Consumer Protection (UOKiK) initiated the action following complaints from users who found that their televisions or multimedia devices were no longer supported by the HBO service during an ongoing subscription period. In some cases, consumers reported being informed, after attempting to log in, that their device was no longer compatible, despite having purchased access with the expectation of using it on that equipment.

HBO Europe provides access to HBO Max, formerly operating under the names HBO GO and Max, through a subscription-based video-on-demand service. Consumers sign contracts expecting to stream content on televisions or other multimedia devices that are compatible at the time of purchase.

According to UOKiK, problems arise when, during the subscription period, certain device models are removed from the supported list. The result can be abrupt: the service stops functioning on the customer’s equipment even though the subscription remains valid.

The issue can be particularly frustrating where access is bundled through telecommunications operators. In such cases, consumers may continue paying the subscription fee despite being unable to use the service on their existing device.

Tomasz Chróstny, President of UOKiK, said that unilateral restrictions on compatible devices can effectively place consumers in a position where they are told, in practice, to buy new equipment if they wish to continue watching. Televisions and similar devices are typically purchased with the expectation of long-term use, he noted, and without clear and precise rules governing compatibility changes, consumers cannot reasonably assess the risk of losing access at the time they enter into the contract.

Contract Terms Under Review

UOKiK is also examining provisions in HBO Europe’s Terms of Use stating that the company does not guarantee that the service will remain compatible, for the entire duration of the subscription, with devices that were supported when the contract was concluded.

In the regulator’s view, such clauses may lead to negative economic consequences for consumers. These could include losing the value of a paid subscription or incurring additional costs to purchase new hardware in order to continue using the service.

The authority is investigating whether consumers were properly informed about the possibility of losing access mid-subscription and whether the contractual documentation provided adequate clarity about that risk.

“How Was I Supposed to Know?”

Another key focus of the proceedings concerns how information about technical requirements and device compatibility was communicated.

For much of the period under review, UOKiK states that compatibility details were available only in the terms and conditions or on the website, rather than being provided on a durable medium such as an email confirming the contract. This, the authority argues, may have made it difficult for consumers to later verify what technical conditions applied at the time of purchase.

The regulator has also raised concerns about the way compatibility requirements were described. References to “the latest operating system or its two previous versions” or to “models from the current year and the two previous years” may be too general, potentially placing the burden on consumers to determine whether their equipment qualifies and limiting their ability to make an informed decision before subscribing.

Under Polish law, practices that infringe the collective interests of consumers can result in fines of up to 10 percent of a company’s turnover for each infringement. The authority may also require the company to remedy the effects of any violation, which could include refunding fees unlawfully charged.

A Look at Subscription Practices

The case against HBO Europe does not stand in isolation. UOKiK has been scrutinizing digital subscription models more broadly.

Last year, the authority brought charges against Netflix concerning fee increases. In 2023, following UOKiK’s intervention, Amazon amended practices and contractual terms relating to Amazon Prime and Prime Video.

Preliminary investigations are also under way into the terms and practices of Apple, Disney+, Google in relation to YouTube Premium, Microsoft in relation to Game Pass, Sony in relation to PlayStation Plus, and Adobe. Some of these companies have already indicated they will modify their practices.

The HBO Europe proceedings test a question that extends well beyond one platform, which is exactly how much flexibility do digital service providers have to alter technical compatibility mid-contract, and how clearly must those risks be disclosed upfront?

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