This document is an excerpt from the EUR-Lex website
Geo-blocking: addressing discriminatory treatment of customers
SUMMARY OF:
WHAT IS THE AIM OF THE REGULATION?
KEY POINTS
Scope
The regulation does not apply to:
The regulation does not apply to copyright-protected content services — such as music streaming services, e-books, software and video-games — but this will be reviewed when the regulation is evaluated.
Access to online interfaces
The regulation bans blocking access to websites and re-routing without the customer’s prior consent.
Even if the customer gives consent to the redirection, the original version visited must remain accessible.
Where the blocking, limiting access or re-routing are justified by EU law, or in national law in accordance with EU law, traders must provide a clear explanation to customers.
Conditions of access to goods or services
There are 3 specific situations where traders may not apply different general conditions of access to goods or services, for reasons related to a customer’s nationality, place of residence or location, unless it is to comply with EU law, or national law in accordance with EU law:
Means of payment
Traders remain free to accept whatever payment means and card brands they want. However, they are not allowed to discriminate within the same means of payment or brand for reasons related to:
Traders are considered to be discriminating when they refuse a payment, where:
Traders may, however, request charges for the use of a card-based payment for which interchange fees* are not covered by EU rules on fees for card-based payments.
Relationship with competition law and passive sales
In general, the regulation does not affect the rules on competition, in particular Articles 101 and 102 of the Treaty on the Functioning of the European Union.
Agreements regarding active sales* remain governed by EU rules on exemptions for vertical supply and distribution agreements. However, the geo-blocking regulation applies for passive sales*: a restrictive agreement with a supplier requires a trader to treat customers from other EU countries differently for such sales, in a manner prohibited by the regulation, is not allowed and must be disregarded.
Review
The European Commission will present a report evaluating the application of the regulation by March 2020 and every 5 years thereafter. The first report will examine whether its scope might be expanded.
FROM WHEN DOES THE REGULATION APPLY?
It has applied since 3 December 2018.
BACKGROUND
For further information, see:
KEY TERMS
MAIN DOCUMENT
Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 on addressing unjustified geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC (OJ L 60I , 2.3.2018, pp. 1-15)
RELATED DOCUMENTS
Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, pp. 36-68)
Commission Regulation (EU) No 330/2010 of 20 April 2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of vertical agreements and concerted practices (OJ L 102, 23.4.2010, pp. 1-7)
Regulation (EU) 2015/751 of the European Parliament and of the Council of 29 April 2015 on interchange fees for card-based payment transactions (OJ L 123, 19.5.2015, pp. 1-15)
Consolidated version of the Treaty on the Functioning of the European Union — Part Three: Union policies and internal actions — Title VII — Common rules on competition, taxation and approximation of laws — Chapter 1: Rules on competition — Section 1: Rules applying to undertakings — Article 101 (ex Article 81 TEC) (OJ C 202, 7.6.2016, pp. 88-89)
Consolidated version of the Treaty on the Functioning of the European Union — Part Three: Union policies and internal actions — Title VII — Common rules on competition, taxation and approximation of laws — Chapter 1: Rules on competition — Section 1: Rules applying to undertakings — Article 102 (ex Article 82 TEC) (OJ C 202, 7.6.2016, p. 89)
last update 16.10.2018