The recently adopted EU Regulation 302/2018 on Geo-blocking (the "Geo-Blocking Regulation") addresses the geographically based restrictions which undermine the cross-borders transactions within the Digital Single Market. The Geo-Blocking Regulation ensures equal treatment within the single market irrespective of the geographical area that the potential buyer makes the purchase of the product or service.

The Geo-Blocking Regulation applies both to Business to Consumer situations and to Business to Business situations.

The main aim of the Geo- Blocking Regulation is to restrict forms of discriminatory behaviours arising from the customer's nationality, place of residence and/or establishment within the internal market of the European Union and to eliminate discriminatory practices which are inconsistent with the principles that underpin the internal market's freedoms of movements of goods and services. Consumers and business enterprises should be able to benefit from a barrier-free integrated internal market, free from any discriminatory practices with access to the digital single market and to services offered in cross border transactions within the European Union.

The EU Regulation does not cover services relating to copyright or date-protected content such as digital media or streaming services or software. However, the European Commission will conduct a general assessment of the impact of the Regulation within the internal market and review its content depending on the results of the assessment.

The Regulation will enter into force from 3 December 2018.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.