Geographic blocking in e-commerce

The 2018 requirements for those doing business in the e-commerce industry. Entrepreneurs should keep in mind, among other things, the impact of geolocation on shared content. Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 restricted the possibility of unjustified geo-blocking or other forms of discrimination against customers based on their nationality or place of residence.

Access to interfaces

Businesses may not block or restrict a customer’s access to a web interface based on where the customer lives or does business. It is also prohibited to redirect the customer to a different version of the interface without his consent. If this, in terms of elements adapted to the customer’s nationality (e.g. language or layout), differs from the one the customer originally wanted to access.

An interface within the meaning of the regulation is any software. This includes a website or a part thereof, as well as applications, including mobile applications, that serve to provide customers with access to goods or services.

Exceptions

The regulation in question provides some exceptions to the general prohibitions on geoblocking. The key exemption concerns services whose main feature is to provide access to copyrighted works. It also involves other protected subject matter. Additionally, enabling the use of protected works and subject matter also implies the application of the key exemption. Therefore, the Regulation will not apply to e.g. streaming platforms providing access to audiovisual works or sports event streaming services.