Geo-blocking III: Schematic overview of the prohibitions for traders

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In the previous articles, article I and article II, the new Regulation concerning geo-blocking (2018/302) was discussed.[1] The review of this Regulation in 2020 will show the direct consequences of this regulation. This will also answer the question if the regulations really ensures to achieve the full potential of the Digital Single Market. In this last article the previous articles will be summarised schematically. This overview shows the prohibitions for traders concerning geo-blocking:

 

Who

What

Reason

Exception

Trader[2]

Shall not block/limit a customer’s[3] access to trader’s online interface.

For reasons related to a customer’s nationality, place of residence or place of establishment.

Shall not apply where the blocking or limitation of access or the redirection is necessary in order to ensure compliance with a legal requirement laid down in Union law, or in the laws of a Member State in accordance with Union law, to which the trader’s activities are subject.

 

In that case: the trader shall provide an explanation – in the language of the online interface the customer initially sought access to – to customers regarding the reasons why the blocking or limitation of access or the redirection is necessary in order to ensure such compliance.

Trader[4]

Shall not redirect a customer to a different online interface than the online interface that the customer originally sought access to.

Unless: the customer has explicitly consented (provided that initial interface shall remain easily accessible to that customer).

For reasons related to a customer’s nationality, place of residence or place of establishment.

Same as above.

Trader[5]

Shall not apply different general conditions of access to goods or services, under certain circumstances.

For reasons related to a customer’s nationality, place of residence or place of establishment.

Shall not apply in so far as a specific provision laid down in Union law, or in the laws of Member States in accordance with Union law, prevents the trader from selling the goods or providing the services to certain customers or to customers in certain territories.

Trader[6]

Shall not apply different conditions for a payment transaction[7], under certain circumstances.

For reasons related to a customer’s nationality, place of residence or place of establishment, the location of the payment account, the place of establishment of the payment service provider or the place of issue of the payment instrument within the Union.

Where justified by objective reasons, the prohibition shall not prevent the trader from withholding the delivery of the goods or the provision of the service, until the trader has received confirmation that the payment transaction has been properly initiated.

 

1 Regulation (2018/302): https://eur-lex.europa.eu/legalcontent/NL/TXT/PDF/?uri=CELEX:32018R0302&from=EN

2 A trader who acts for purposes relating to his trade, business, craft or profession; Art. 3 (1).

3 Customer that is a natural person, not acting for the purposes of his trade, business, craft or profession.

4 Art. 3 (2).

5 Art. 4 (1).

6 Art. 5 (1).

7 Within the range of means of payment accepted by the trader.