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Malta Business Review<br />

ONLINE SHOPPING<br />

Parliament votes to end barriers to cross-border online shopping<br />

By Isabel Teixeira<br />

• Buyers will be able to shop online<br />

in the EU without being blocked or<br />

automatically re-routed<br />

• Traders will have to treat cross-border<br />

shoppers in the same way as local ones,<br />

granting them access to the same prices<br />

• 63% of websites assessed in a survey<br />

do not let shoppers buy from another<br />

EU country<br />

Online buyers will have wider and easier crossborder<br />

access to products, hotel bookings, car<br />

rentals, music festivals or leisure park tickets<br />

in the EU.<br />

The new rules will ban the “geo-blocking”<br />

of buyers browsing websites in another EU<br />

country, so as to enable them to choose from<br />

which website they buy goods or services,<br />

without being blocked or automatically<br />

re-routed to another website due to their<br />

nationality, place of residence or even their<br />

temporary location.<br />

This new EU law on geoblocking<br />

is an important<br />

step towards an even more<br />

competitive and integrated<br />

Digital Single Market, for both<br />

consumers and traders. It also<br />

represents another milestone<br />

in the fight against the<br />

discrimination of consumers<br />

based on their nationality<br />

or place of residence, which<br />

should never be taking place in<br />

our united Europe.<br />

Traders will have to treat online shoppers<br />

from another EU country in the same way as<br />

local ones, i.e. grant them access to the same<br />

prices or sales conditions, when they:<br />

• buy goods (e.g. household appliances,<br />

electronics, clothes) which are delivered<br />

to a member state to which the trader<br />

offers delivery in his general conditions,<br />

or are collected at a location agreed by<br />

both parties in an EU country in which<br />

the trader offers such option (traders<br />

would not have to deliver in all EU<br />

countries, but buyers should have the<br />

option to pick up the package in a place<br />

agreed with the trader),<br />

• receive electronically supplied services<br />

not protected by copyright, such as cloud<br />

services, firewalls, data warehousing,<br />

website hosting, or<br />

• buy a service which is supplied in the<br />

premises of the trader or in a physical<br />

location where the trader operates, e.g.<br />

hotel stays, sports events, car rentals,<br />

music festivals or leisure park tickets<br />

Treating shoppers differently based on the<br />

place of issuance of a credit or debit card will<br />

also be forbidden. While traders remain free<br />

to accept whatever payment means they<br />

want, they may not discriminate within a<br />

specific payment brand based on nationality.<br />

Copyrighted content excluded for now<br />

Digital copyrighted content, such as e-books,<br />

downloadable music or online games, will<br />

not be covered by the new rules for the time<br />

being. However, the EU Commission must<br />

assess within two years after the entry into<br />

force of the regulation whether the ban on<br />

geo-blocking should be widened to include<br />

such content, as well as audio-visual and<br />

transport services, which are also currently<br />

excluded.<br />

Quote<br />

Róża Thun (EPP, PL), rapporteur, said: "This<br />

new EU law on geo-blocking is an important<br />

step towards an even more competitive and<br />

integrated Digital Single Market, for both<br />

consumers and traders. It also represents<br />

another milestone in the fight against the<br />

discrimination of consumers based on their<br />

nationality or place of residence, which<br />

should never be taking place in our united<br />

Europe. We have proven that the European<br />

Union can deliver concrete results for the<br />

citizens all over Europe, bringing positive<br />

changes in their daily lives."<br />

The new rules were approved by 557 votes to<br />

89, with 33 abstentions.<br />

Next steps<br />

The agreement on the geo-blocking<br />

regulation stills needs to be formally approved<br />

by Council. The new rules will be applicable<br />

nine months from the day of its publication in<br />

the EU Official Journal, i.e. before the end of<br />

this year (2018).<br />

Background<br />

63% of websites do not let shoppers buy from<br />

another EU country, according to findings of<br />

a “mystery shopping” study carried out by<br />

the Commission. For tangible goods, geoblocking<br />

was highest for electrical household<br />

appliances (86%), while for services it was for<br />

online reservations of offline leisure sector,<br />

such as sports event tickets (40%).<br />

EU consumers show growing demand for<br />

cross-border online shopping. In the last ten<br />

years the share of Europeans buying online<br />

has almost doubled.<br />

Presented as part of the Digital Single Market,<br />

the regulation to end unjustified geo-blocking<br />

was included in the e-commerce package,<br />

together with legislation on cross-border<br />

parcel delivery services, to be voted in plenary<br />

in March 2018, and a law to strengthen<br />

enforcement of consumers' rights, which<br />

was already approved by Parliament in<br />

November 2017. MBR<br />

Courtesy: EU/EP IMCO Press Unit<br />

50

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