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Are online consumers protected from geo-blocking
practices within the European Union?
Maria Lorena Flórez Rojas 􀀴 􀀴
International Journal of Law and Information Technology, Volume 26, Issue 2, Summer 2018, Pages
119–141, https://doi.org/10.1093/ijlit/eay004
Published: 28 March 2018
Abstract
Cite Permissions Share 􀀭
Geo-blocking as a technological protection measure directly affects e-commerce in the
European Union, reinforcing discriminatory practices in the online world. The first
attempt to fight discrimination in cross-border trade was Article 20 of the Services
Directive, which describes the non-discrimination principle. However, this provision has
failed in practice due to its large interpretative uncertainties and lack of enforcement. In
this view, discriminatory practices have been a constant in the online market and they
have intensified due to the use of new geolocation technologies. This article presents the
possibility to use provisions of the Treaty on the Functioning of the European Union
(TFEU) to tackle geo-blocking practices. The article also considers the new proposal on
addressing geo-blocking and it gives some insights regarding the problems of
applicability and scope that can open the possibility for consumers to use Article 18 TFEU
as legal bases for cases related to geo-blocking practices.
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