SPATIAL ASPECTS OF ECOMMERCE IN THE EUROPEAN UNION: PROHIBITIONS TO GEO-BLOCK OR TO DISCRIMINATE BASED ON GEOGRAPHIC LOCATION

Abstract

Geo-blocking are practices undertaken by sellers using technological means or otherwise, the result of which is to prevent, limit or differentiate the conditions of access to goods and services depending on the country or region of the customer’s origin. The Geo-blocking Regulation prohibits unjustified geo-blocking and other forms of discriminating practices based on the customers’ nationality, place of residence or place of establishment within the internal market. The Regulation covers three main types of practices: a) blocking or limiting access or automatically redirecting the user to another version of an online interface, b) applying different conditions of sale for the goods or services, and c) applying different payment conditions, based on the buyer’s location or nationality. The Regulation remains with the Member States to be implemented, and they took different approach to it (cf. Poland and Germany for example). The Geo-blocking Regulation exempts from its scope audio-visual services and services, the main feature of which is to provide access or to use copyright protected works. That decreases the Regulation’s impact on the internal market and continues to be, among others, an area for review and improvement.