In force
The Geo-Blocking (Enforcement) Regulations 2018 (SI 2018/1153)
3 December 2018
MS must designate one or more bodies for its adequate and effective enforcement. This can include courts or administrative authorities (recital 35 GBR).
The Competition and Markets Authority (the "CMA"), relevant local authorities’ trading standards departments and the Department for the Economy in Northern Ireland.
MS must lay down rules setting out the measures applicable to infringements. These measures must be effective, proportionate and dissuasive.
There are no particular details of monetary sanctions in the UK, however the CMA can apply for court orders against, or accept undertakings from, businesses, with the aim of halting any infringement of the GBR. Customers can also raise a direct claim against businesses where those businesses breach certain provisions of the GBR for reasons related to payment and where that breach results in loss or damage being suffered by the customer.
MS must designate one or more bodies responsible for providing practical assistance to consumers in the case of a dispute between a consumer and a trader arising from the application of the GBR
European Consumer Centre Trading Standards Institute
In a 'deal' scenario, where the UK leaves the EU under the terms of the draft Withdrawal Agreement (as published on 14 November 2018), the GBR will continue to apply in the UK until the end of the transition period, i.e., until 31 December 2020.
In a 'no deal' Brexit scenario, the UK Government has confirmed that the UK version of the Geo-Blocking Regulation would be repealed. This means that traders from the UK, EU and third countries would not be prohibited from discriminating between EU customers and UK customers. For instance, a UK trader would be able to offer different terms to a UK customer compared to a French customer.
However, the original EU Regulation will continue to apply to UK businesses operating within the EU. This means that a UK trader will not be able to discriminate between customers in different EU member states, for instance, between a French and a German customer.
