November 19, 2018

On 12 November, the Geo-Blocking (Enforcement) Regulations 2018 were laid before Parliament. The Regulations make arrangement for the domestic enforcement of the Geo-Blocking Regulation (2018/302/EU).

The EU Regulation prohibits forced redirection away from, or blocking access to, a website on the basis of a web user’s location in the EU. It also prohibits discriminatory “terms of access” (including prices offered) on the basis of a customer’s location in the EU when selling goods delivered within the EU, wholly online services, or services delivered in a specified location.

The Geo-Blocking Regulation also provides that “passive sales” agreements (agreements that prevent traders from selling goods or services following unsolicited customer requests) that require traders to breach the terms of the Geo-Blocking Regulation are void.

The provision preventing discriminatory terms of access when purchasing distance goods does not, however, mean that traders have to offer shipping to all destinations in the EU. Further, the provision preventing discriminatory terms of access when purchasing wholly online services excludes copyrighted materials, such as e-books, streamed movies and music, and video games. These rules do not apply to transactions that take place entirely within one EU Member State.

The Geo-Blocking Regulation, which has direct effect in the UK, takes effect on 3 December 2018, with the exception of the provisions relating to passive sales, which come into force on 23 March 2020.

According to the Explanatory Memorandum, a consumer advice service will provide practical assistance to consumers with claims arising from the Geo-Blocking Regulation. As per the requirements of the Regulation, this centre will provide “practical assistance to consumers and coordinate with other bodies across the EU”. The Government is considering options for this and will be putting measures in place and publishing more details in due course. To access the 2018 Regulations, click here.