101 UK Brexit Notes

Connemara Programme October 16 2018 pg. 178 Geo-blocking of online content if there’s no Brexit deal Purpose The purpose of this notice is to provide clarity to consumers, business customers, traders and regulators on the UK government’s plans in relation to the Geo-Blocking Regulation in the event of a ‘no deal’ scenario. Before 29 March 2019 The Geo-Blocking Regulation will apply from 3rd December 2018. The Geo-Blocking Regulation will prohibit the following activities: blocking access to, or forced redirection away from, a website on the basis of an internet user’s EU nationality or place of residence within the EU, discrimination by traders on the basis of the customer’s nationality or place of residence when they are purchasing (i) goods online, (ii) electronically supplied services (such as web hosting or cloud storage, but excluding copyrighted material such as ebooks and streamed movies), or (iii) services provided in a specific physical location (such as a theme park) discrimination by traders against a means of payment solely on the basis of its place of issue within the EU. After March 2019 if there’s no deal In a ‘no deal’ scenario, the UK version of the Geo-Blocking Regulation will cease to have effect in UK law. The original EU Regulation will continue to apply to UK businesses operating within the EU, and indeed all other non-EU businesses selling goods and services into the single market. Implications Following repeal of the Geo-Blocking Regulation in the UK, traders from the UK, EU and third countries would not be prohibited from discriminating between EU customers and UK customers in the respects set out above. For instance a UK trader would be able to offer different terms to a UK customer compared to a French customer. The Geo-Blocking Regulation will continue to operate in the EU. UK traders who wish to continue operating in the EU will continue to be bound by the provisions of the Geo-Blocking Regulation when dealing with EU customers. 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, in the respects set out above. Actions for businesses and other stakeholders UK businesses and traders who wish to continue selling goods and services into the EU will need to continue to comply with the Geo-Blocking Regulation after exit, to the extent that the Geo-Blocking Regulation (which comes into force from 3rd December 2018) prohibits discrimination as between customers in different EU member states. However, traders who are already complying with the Geo-Blocking Regulation prior to exit should not need to take any additional steps to comply with the Geo-Blocking Regulation after exit.