Equal rights for all? Geo-blocking should not discriminate

Found a great product abroad, but the shop is blocking you from accessing their site? Prices are cheaper in another EU country, but your shopping basket won't let you proceed to checkout? Or your credit card is being declined simply because it's from another country? Nuisances like these should be a thing of the past.

Since 2018, the EU Geoblocking Regulation has prohibited discrimination in online shopping, and sites may not restrict users’ access without justification. All customers have the right to shop under the same conditions, regardless of where they live or what payment method they use.

However, there are exceptions, and the rules are not always applicable. This guide explains what is permitted, where differences still exist and uses examples to demonstrate how the regulation affects everyday life.

In principle, the EU prohibits companies from setting different terms and conditions for consumers based on the following information:

• place of residence,
• nationality,
• location of stay,
• language selection, or
• delivery address

In concrete terms, this means that retailers and providers may not arbitrarily block or restrict access to their products and services if someone from another EU country accesses them.

However, there is one restriction: companies are not obliged to deliver across borders. An online shop can therefore decide whether they ship to Germany or whether delivery is only possible with an additional supplement. The important thing is that these rules apply equally to all customers in the EU. This also applies to digitally provided services such as cloud services or web hosting that are not protected by copyright.

Prices may also vary from country to country. However, access to all versions of an online shop must be open to everyone in the EU.

One click on a website and suddenly you can't continue because access has been blocked from another EU country? Or the page automatically jumps to the German version, even though the Italian version offers more choice?

Such automatic redirects are prohibited – customers must give their express consent beforehand. For example, if you enter the homepage extension ‘.hr’ or ‘.at’, you should not be automatically redirected to the German ‘.de’ page without being asked.

Only if there are objective legal reasons (e.g. a national ban on the sale of certain products such as medicines or fireworks) can a provider refuse access.

An online shop can decide for itself which payment methods it offers. The only requirement is that it must offer at least one common and reasonable payment method free of charge. If a method is available in one EU country, it must also be available in all other member states, regardless of which country it originates from.

Not all services and products are covered by the rules. Some areas have their own legal requirements:

• audiovisual media (films, music, streaming services)
• Financial services (banks, loans, insurance)
• Transport services (flights, rail and long-distance bus travel)
• Prohibited products (fireworks, certain medicines)
• Private security services
• Health services
• Gambling

In these areas, therefore, there may be certain justified differences in treatment that are approved by the legislature.

Streaming & Co.: When is geoblocking permitted?

Online services that broadcast films, music or sporting events are usually subject to copyright. As more specific regulations apply to such content, the Geo-blocking Regulation does not apply here.

This includes, among other things:

• Streaming and video platforms (Netflix, Amazon Prime, YouTube, etc.)
• Digital books
• Re-runs of TV programmes on private channels
• Sports broadcasts from premium services

Paid streaming: The Portability Regulation helps.

However, anyone who has taken out a paid subscription to a streaming service can also use it within the EU on a temporary basis while on holiday or on a business trip – at no extra cost. PLEASE NOTE: In this case, you should keep an eye on your data usage. The EU principle of ‘roam like at home’ applies here, but of course only within the scope of your own national mobile phone contract.

However, if Patrick likes it so much in Sweden that he decides to stay there, he is no longer entitled to access the German content.

• If Patrick goes on holiday outside the EU, for example to the USA, this does not apply!
• Holiday or emigration? The Regulation does not specify exactly what constitutes a ‘temporary stay’ or how long it can last.

Important: You can still only take out a subscription in your country of residence. The provider can check your usual place of residence based on your billing address, payment method, IP address, internet access contract and similar information.

Example: Jakob from Germany cannot take out a subscription to Apple TV+, YouTube Premium or Sky GO with Polish content in Germany.

Advertising- or fee-financed content from public broadcasters or other services (ARD, ZDF, Spotify Free, YouTube) can still be blocked on a country-specific basis.

The European Consumer Centres (ECC-Net) are the appropriate point of contact within the EU for all cross-border problems. Each member state also has an authority specifically responsible for dealing with violations in the area of geo-blocking. In the United Kingdom, this is the Federal Network Agency.

• European Consumer Centre: Provides out-of-court mediation in disputes between consumers and businesses.
• Federal Network Agency (Germany): Punishes violations and can impose measures against companies that engage in geo-blocking.