GeoBlocking: Making the DSM an Obligation
Yesterday, the EU agreed on the new Geoblocking Regulation, which will force sellers to accept orders from non-domestic consumers. Whilst some safeguards were inserted into the text, EMOTA fears that in the case of a dispute between a trader and a consumer, the applicable rules of the country where the consumer resides will apply.
Maurits Bruggink, EMOTA Secretary General, said: “The Regulation doesn’t reflect the market realities. Should a small shop now be forced to deal with the challenges of selling all over Europe? What if a Portuguese consumer buys from a Danish shop and wants to complain, in what language will that happen? Legal experts agree that whatever the safeguards, this Regulation will not prevent the application of the consumer rules”, adding “We pointed to the obvious. We don’t have harmonised consumer rules, we don’t have a harmonized payments landscape and it is too complex for small sellers to deal with pan-EU delivery services. Policy-makers via this Regulation are giving up on the Single Market and forcing sellers to enact it at their own expense”.