Unjustified Geoblocking Regulation

Unjustified geoblocking

Regulation (EU) 2018/302 of the European Parliament and of the Council of February 28, 2018 on the prevention of unjustified geoblocking and other forms of discrimination based on the citizenship or nationality, domicile or headquarters of customers on the internal market and amending Regulations (EC) no. 2006/2004 and (EU) 2017/2394, as well as Directive 2009/22/EC Regulation (EU) 2018/302 aims to make more opportunities available to consumers and businesses in the EU internal market. In particular, it addresses the issue of the impossibility for some customers to purchase goods and services from traders located in another Member State because of their citizenship or nationality, domicile or establishment.

At the national level, the National Authority for Consumer Protection is the institution designated by Government Decision no. 914/2019 as the national body responsible for providing consumers with practical assistance in the event of disputes with traders arising from the implementation of the provisions of Article 8 of Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 on the prevention of unjustified geoblocking and other forms of discrimination based on citizenship or nationality, domicile or seat of customers on the internal market and amending Regulations (EC) no. 2.006/2004 and (EU) 2017/2.394, as well as Directive 2009/22/EC. Finding contraventions and applying sanctions are done by the authorized representatives of the National Authority for Consumer Protection, if the client is a consumer, and by the authorized representatives of the Ministry of Transport, Infrastructure and Communications, if the client is an enterprise.

Geoblocking refers to practices used by online merchants to restrict online cross-border sales based on citizenship or nationality, domicile or establishment. Such geoblocking practices include: denying access to websites from other member states and/or situations where access to a site is allowed, but the foreign customer is prevented from completing the purchase process or is asked to pay with a card of debit or credit from a specific country. "Geodiscrimination" also occurs when goods and services are purchased offline, for example when consumers are physically present at the trader's premises but are either prevented from accessing a product or service or are prevented from benefit from certain conditions due to their citizenship or nationality, or their domicile. The Regulation provides directly applicable provisions aimed at preventing these practices in certain situations, when there is no objective justification for differential treatment based on citizenship or nationality, domicile or establishment.

For the purposes of the Unjustified Geoblocking Regulation, "consumer" means any natural person acting for purposes other than those related to his commercial, economic, craft or professional activity; "customer" means a consumer who holds the citizenship or nationality of a Member State or is domiciled in a Member State, or an enterprise established in a Member State, and who benefits from the provision of a service or purchases or intends to purchase a good in the Union exclusively for final use.

Regulation (EU) 2018/302 of the European Parliament and of the Council of February 28, 2018 on the prevention of unjustified geoblocking and other forms of discrimination based on the citizenship or nationality, domicile or seat of customers on the internal market and amending Regulations (EC) no. 2006/2004 and (EU) 2017/2394, as well as Directive 2009/22/EC Regulation (EU) 2018/302 aims to present more opportunities to consumers and businesses in the EU internal market. In particular, it solves the problem of the impossibility for some to access good goods and services by traders located in another Member State because of their citizenship or nationality, domicile or establishment.

On a national level, the National Authority for Consumer Protection is the institution designated by Government Decision no. 914/2019 as the national body responsible for providing consumers with practical assistance in the event of disputes with traders arising from the implementation of the provisions of Article 8 of Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 on the prevention of unjustified geoblocking. and other forms of discrimination based on citizenship or nationality, domicile or seat of customers on the internal market and amending Regulations (EC) no. 2.006/2004 and (EU) 2017/2.394, as well as Directive 2009/22/EC. Finding contraventions and applying sanctions are done by the authorized representatives of the National Authority for Consumer Protection, if the customer is a consumer, and by the authorized representatives of the Ministry of Transport, Infrastructure and Communications, if the customer is an enterprise.

Geoblocking refers to the practical practices of online merchants to restrict online cross-border sales based on citizenship or nationality, domicile or establishment. Such geoblocking practices include: denying access to websites from other member states and/or situations where access to a site is allowed, but the foreign customer is prevented from completing the search process or card payment is requested. debit or credit from a specific country. "Geodiscrimination" also occurs when buying goods and services offline, for example when consumers are physically present at the trader's premises but are prevented from accessing a product or service, are prevented from benefiting from certain conditions due to their citizenship or nationality, or their domicile . The Regulation provides provisions that are directly applicable and that aim to prevent these practices in certain situations, when there are no justified rights for differential treatment based on citizenship or nationality, domicile or headquarters.

For the purposes of the Unjustified Geoblocking Regulation, "consumer" means any natural person acting for purposes other than those related to his commercial, economic, craft or professional activity; "customer" means a consumer who holds the citizenship or nationality of a Member State or is domiciled in a Member State, or an enterprise established in a Member State, and who benefits from the provision of a service or taking into account a function. a good in the Union exclusively for final use.