Geo-blocking
What are my consumer rights if I get geo-blocked?
You can find the answers to your questions here.
EU Regulation 2018/302
As a consumer in the European Union, you may not be discriminated based on your nationality, place of residence or place of establishment. You have the right to shop like a local. This right is governed by EU Regulation 2018/302.
Geo-blocking
If you can’t benefit from cross-border price advantages or buy goods in the EU, Norway or Iceland due to your location, you are dealing with geo-blocking. If a seller does not offer its goods or services to you on the same terms that apply to local residents, they are also geo-blocking you. This form of discrimination is not allowed in the European Single Market.
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There are various ways for online sellers of goods and services to find out a consumer’s location. For example, a foreign buyer may enter their address when making a purchase by credit card. Or, an IP address or phone number may reveal to the seller they’re dealing with a foreign buyer. The seller can subsequently prevent the foreign buyer from accessing its website or change its prices and conditions.
There are various forms of geo-blocking. For instance, when making online purchases, consumers from other EU countries might be prevented from:
• Accessing one or more country-specific versions of a trader’s online store
• Placing an order and having the purchased goods delivered within the trader’s delivery area
• Putting an item in their basket
• Paying with a credit cardGeo-blocking may also occur when making purchases in person — for instance, if there are different entrance fees for tourists and locals.
#what-is-geo-blocking
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The Geo-blocking Regulation has applied since 3 December 2018. It addresses unjustified geo-blocking and other forms of discrimination based on customers' citizenship, place of residence, or place of establishment within the internal market.
This regulation applies to all traders, including web shops, operating within the EU, as well as Norway, Iceland, and Liechtenstein.
#geo-blocking-regulation
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The Geo-blocking Regulation protects consumers who hold citizenship of or have their place of residence in an EU country, Norway, Iceland, or Liechtenstein.
The regulation also protects undertakings acting as end-user who is based in an EU country and receives a service or purchases goods solely for the purpose of end use.
#protection-geo-blocking-regulation
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Discrimination due to a consumer’s place of residence, place of establishment, or citizenship is generally prohibited. Consumers who are citizens of or reside in an EU country, Norway, Iceland, or Liechtenstein should be able to shop like locals across this geographical area.
Examples of prohibited discrimination include:
- Blocking or limiting a consumer’s access to online interfaces (websites and applications)
- Discriminatory general conditions of access to goods or services
- Discrimination related to payment
#prohibited-location-discrimination
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There are many exceptions to the Geo-blocking Regulation. The most important ones are:
- Audiovisual services (e.g. streaming services)
- Financial services, such as banking and services relating to credit, insurance, and reinsurance, occupational or personal pensions, securities, investment funds, payments, and investment advice
- Electronic communications services and networks, as well as associated facilities and services
- Transport services, such as rail or air, including port services but excluding travel packages
- Services provided by temporary work agencies
- Healthcare services, whether or not provided via healthcare facilities, regardless of how they are organised and financed at the national level — either public or private
- Gambling activities that involve wagering a stake with pecuniary value in games of chance, including lotteries, gambling in casinos, and betting transactions
- Activities that are connected with the exercise of official authority as described under Article 51 of the TFEU (Treaty on the Functioning of the European Union) (previously Article 45 of the EC Treaty establishing the European Community)
- Social services relating to social housing, childcare, and the support of families and persons permanently or temporarily in need that are provided by the state, providers mandated by the state, or charities recognised as such by the state
- Private security services
- Services provided by notaries and bailiffs who are appointed by an official act of government
- Non-economic services of general interest, such as those services that are not provided for remuneration
#exceptions-geo-blocking-regulation
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When selling goods online, sellers are generally free to choose the area where they operate and, therefore, the area where they deliver goods. So, you cannot demand that the seller ship the goods to your home address.
However, the seller must facilitate the delivery of the goods to a location within its delivery area (e.g. a location on or near the national border). You can then either collect the goods from there or organise collection by a logistics company.
If an online seller offers delivery to your country of residence, the seller may charge higher delivery costs.
#rights-shipping-goods
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Sellers may vary prices and conditions for their goods and services per consumer group or country. They may also target different consumer groups using different websites for each country and using different languages.
However, if a consumer from a different EU country, Norway, Iceland, or Liechtenstein wants to place an order through the seller’s local website, they must be able to do so at the same prices and under the same conditions that apply to a local.
#varying-conditions-per-consumer-group
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All EU member states, Norway, Iceland, and Liechtenstein have one or more bodies that provide practical assistance to consumers if they have a dispute with a trader arising from the application of the geo-blocking regulation. The European Consumer Centres Network can inform you about the appointed contact point in your country. Click here to contact your local ECC and submit an enquiry.
#geo-blocking-contact-point
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Where can I get assistance and advice?
The European Consumer Centres Network provides free legal advice and support on cross-border purchasing issues. It can also help consumers deal with disputes relating to travelling in the EU, Norway, and Iceland. If you have tried to resolve a dispute with a business to no avail, click here to contact your local ECC and submit an enquiry.