Elena Postnikova1
  • 1 National Research University Higher School of Economics, 20 Myasnitskaya Str., Moscow, 101000, Russian Federation

Legal Regulation Prohibition of geo-blocking to Createa Single Digital Market of the European Union

2020. No. 3. P. 207–234 [issue contents]
The article examines the legal regulation in the EU the ban on unjustified geo-blocking andother forms of discrimination due to citizenship, location or the place of establishment asthe obstacles to create a single digital EU market. The aim of the research is to identifythe special features and trends. The methods applied were both general and speciallegal methods, i.e. legal historical, formal legal, comparative methods, the method oflegal forecasting. The EU faces new challenges influencing its achievement one of whichis digitalization. To increase the efficiency of the legal regulation of the internal marketthe permanent evolution of is required by spreading the integration various areas ofdigitalization. Hence, the EU internal market started including a single digital market, oneof the pillars of which is the access of the buyers to the goods and services of electronictrade. The commission declared a number of issues to implement the EU competition lawone of which is geo-blocking. The article defines the key concepts of the legal relationsunder research. The unjustified geo-blocking is a discriminating practice impeding theaccess and acquisition of the goods and services via web-sites located in another EUmember state. The geo-blocking is considered as a material obstacle to implement thefundamental freedoms and/or as a material violation of competition. The result of theconsistent actions of the EU institutions was the act on harmonizing legislations — RulesN2018/302 on counteracting unjustified geo-blocking and other forms of discriminatingbuyers due to citizenship, permanent address and the place of office. The essence of theRules is the ban on the direct and indirect discrimination of buyers against the accessto online-interfaces of electronic trade, goods and services, conditions of payment,agreements on passive sales. The rules provide for several grounds under which thedistinct attitude towards sellers due to citizenship, the place of residece and office may bejustified. The actions of the EU institutions promote to fixing stricter requirements againstsellers and providers. To fulfil the potential of the internal market the obstacles should beremoved, in particular geo-blocking.
For citation: Postnikova E.V. (2020) Legal Regulation Prohibition of geo-blocking to Create a Single Digital Market of the European Union. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 3, pp. 207–234 (in Russian) DOI: 10.17323/2072-8166.2020.3.207.234
Citation: Postnikova E. (2020) Pravovoe regulirovanie zapreta geo-blokirovki v tselyakh sozdaniya edinogo tsifrovogo rynka Evropeyskogo coyuza [Legal Regulation Prohibition of geo-blocking to Createa Single Digital Market of the European Union]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 3, pp. 207-234 (in Russian)
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