The Geo-Blocking (Enforcement) Regulations 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 on addressing unjustified geo-blocking and other forms of discrimination based on customers’ nationality, place of residence or place of establishment within the internal market and amending Regulations (EC) No. 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC (“the Geo-blocking Regulation”) applies in the law of the United Kingdom by direct effect. However, Article 7(1) of the Geo-Blocking Regulation requires Member States to designate a body or bodies responsible for adequate and effective enforcement of the Regulation and Article 7(2) requires Member States to lay down the rules setting out the measures applicable to infringements of the provisions of the Regulation. These Regulations implement those provisions.

Regulation 2 amends Schedule 13 to the Enterprise Act 2002 (c. 40) so that a contravention of the Geo-blocking Regulation by a trader may be enforced under Part 8 of that Act if the contravention harms the collective interests of consumers.

Regulation 3 provides that a failure of a trader to comply with certain Articles of the Geo-blocking Regulation is a breach of an obligation owed by a trader to a customer so that, where loss or damage is caused by the trader to the customer, the customer may bring a civil action against the trader in respect of that loss or damage.

An impact assessment has not been published for this instrument as it has minimal impact on the private, public and voluntary sectors.