The following Commercial guidance note Produced in partnership with Craig Giles (partner) and Rebecca Clarke (associate) of Bird & Bird LLP provides comprehensive and up to date legal information covering:
Brexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance, see Brexit Bulletin—key updates, research tips and resources and Brexit toolkit.
Regulation (EU) 2018/302, the Geo-blocking Regulation (applicable from 3 December 2018) addresses unjustified geo-blocking and certain other forms of discrimination based on customers’ nationality, place of residence or place of establishment within the EU internal market.
This Practice Note examines the key provisions and what approaches businesses need to adopt to comply with the Geo-blocking Regulation, including:
background on geo-blocking and its effects
scope of the Geo-blocking Regulation
the prohibitions on unjustified geo-blocking
the prohibitions on applying different general conditions of access
the prohibitions on discrimination when taking payments
restrictions on passive sales
confirmation of certain key commercial matters the Geo-blocking Regulation does not impact
steps traders should take to comply with the Geo-blocking Regulation
impact of Brexit
Geo-blocking generally refers to the practice of traders in one country preventing or restricting customers’ access to their online interfaces (such as websites and mobile apps) as a result of the
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