### traders shall not , for reasons related to the nationality , place of residence or place of establishment of the customer , redirect customers to a version of their online interface that is different from the online interface which the customer originally sought to access , by virtue of its layout , use of language or other characteristics that make it specific to customers with a particular nationality , place of residence or place establishment , unless the customer gives his or her explicit consent prior to such redirection . ### a trader shall not , for reasons related to the nationality , place of residence or temporary location of a consumer , redirect a consumer to a version of his or her online interface that is different from the online interface which the consumer initially sought to access , by virtue of its layout , use of language or other characteristics that make it specific to a consumer with a particular nationality , place of residence or temporary location , unless the trader has provided the consumer with clear and comprehensive information concerning such redirection .


### in order to increase the possibility for customers to access information related to the sales of goods and the provision of services on the internal market and to increase transparency , including with respect to prices , traders should not , through the use of technological measures or otherwise , prevent customers from having full and equal access to online interfaces on the basis of their nationality , place of residence or place of establishment . such technological measures can encompass , in particular , any technologies used to determine the physical location of the customer , including the tracking of that by means of ip address , coordinates obtained through a global navigation satellite system or data related to a payment transaction . however , that prohibition of discrimination with respect to access to online interfaces should not be understood as creating an obligation for the trader to engage in commercial transactions with customers . ### in order to increase the possibility for consumers to access information related to sales of goods and the provision of services within the internal market and to increase transparency , including with respect to prices , traders and online marketplaces should not , through the use of technological measures or otherwise , prevent consumers from having full and equal access to online interfaces on the basis of their nationality , place of residence or temporary location . full and equal access to online interfaces in the form of a mobile application includes the possibility for the consumer to download and access any version of the mobile application a trader may operate in one or more member states . technological measures that prevent such access can encompass , in particular , any technologies used to determine the physical location of the consumer , including the tracking of that location by means of ip address , coordinates obtained through a global navigation satellite system or data related to a payment transaction . however , that prohibition of discrimination with respect to access to online interfaces should not be understood as creating an obligation for the trader to engage in commercial transactions with a consumer .


### in certain cases , blocking , limiting of access or redirection without the customer ' s consent to an alternative version of an online interface for reasons related to the customer ' s nationality , place or residence or place of establishment might be necessary in order to ensure compliance with a legal requirement in union law or in the laws of member states in accordance with union law . such laws can limit customers ' access to certain goods or services , for instance by prohibiting the display of specific content in certain member states . traders should not be prevented from complying with such requirements and thus be able to block , limit the access or redirect certain customers or customers in certain territories to an online interface , insofar as that is necessary for that reason . ### in certain cases , blocking or limiting of access , or redirection without the consumer ' s consent to an alternative version of an online interface for reasons related to the consumer ' s nationality , place of residence or temporary location might be necessary in order to ensure compliance with a legal requirement in union law or in the laws of a member state in accordance with union law . such laws can limit consumers ' access to certain goods or services , for instance by prohibiting the display of specific content in certain member states . traders should not be prevented from complying with such requirements and should thus be able to block or limit access by , or redirect , certain consumers , in so far as may be necessary for that reason .


### traders shall not , for reasons related to the nationality , place of residence or place of establishment of the customer , redirect customers to a version of their online interface that is different from the online interface which the customer originally sought to access , by virtue of its layout , use of language or other characteristics that make it specific to customers with a particular nationality , place of residence or place establishment , unless the customer gives his or her explicit consent prior to such redirection . ### traders shall not , for reasons related to the country of origin or place of residence of the consumer , redirect consumers to a version of their online interface that is different from the online interface which the consumer originally sought to access , by virtue of its layout , use of language or other characteristics that make it specific to consumers with a particular country of origin or place of residence , unless the consumer has given his or her explicit consent prior to such redirection , which the consumer originally sought to access .


### where the trader provides electronically supplied services , other than services the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter ; ### receive electronically supplied services from the trader , other than services the main feature of which is the provision of access to and use of copyright - protected works or other protected subject matter ;


### both consumers and undertakings should be safeguarded from discrimination for reasons related to their nationality , place of residence or place of establishment when acting as customers for the purposes of this regulation . however , that protection should not extend to customers purchasing a good or a service for resale , because it would affect widely used distribution schemes between undertakings in a business to business context , such as selective and exclusive distribution , which generally allow for manufacturers to select their retailers , subject to compliance with the rules on competition . ### consumers should be safeguarded from discrimination on grounds related to their nationality , place of residence or temporary location . however , in the case of dual - purpose contracts , where the contract is concluded for purposes partly within and partly outside the person ' s trade and the trade purpose is so limited as not to be predominant in the overall context of the contract , that person should also be considered as a consumer .


### where the trader provides services , other than those covered by point , and those services are supplied to the customer in the premises of the trader or in a physical location where the trader operates , in a member state other than that of which the customer is a national or in which the customer has the place of residence or the place of establishment . ### receive services from the trader other than electronically supplied services and those services are supplied to the consumer in a physical location in which the trader operates in a member state other than that in which the consumer has his or her place of residence .


### traders shall not , through the use of technological measures or otherwise , block or limit customers ' access to their online interface for reasons related to the nationality , place of residence or place of establishment of the customer . ### the trader shall not , through the use of technological measures or otherwise , block or limit consumers ' access to their online interface for reasons related to the nationality or place of residence of the consumer .


### in all those situations , by virtue of the provisions on the law applicable to contractual obligations and on jurisdiction set out in regulations no 593 / 2008 and 1215 / 2012 , where a trader does not pursue his activities in the member state of the consumer or does not direct his activities there , or where the customer is not a consumer , compliance with this regulation does not imply any additional costs for the trader associated with jurisdiction or differences in applicable law . where , in contrast , a trader does pursue his activities in the consumer ' s member state or does direct his activities there , the trader has manifested its intention to establish commercial relations with consumers from that member state and thus been able to take account of any such costs . ### in all those situations , by virtue of the provisions on the law applicable to contractual obligations and on jurisdiction set out in regulations no 593 / 2008 and no 1215 / 2012 , where a trader does not pursue his activities in the member state of the consumer or does not direct his activities there , compliance with this regulation does not involve any additional costs for the trader associated with jurisdiction or differences in applicable law . where , by contrast , a trader does pursue his activities in the consumer ' s member state or does direct his activities there , the trader has manifested his intention to establish commercial relations with consumers from that member state and has thus been able to take account of any such costs .


### in certain cases , blocking , limiting of access or redirection without the customer ' s consent to an alternative version of an online interface for reasons related to the customer ' s nationality , place or residence or place of establishment might be necessary in order to ensure compliance with a legal requirement in union law or in the laws of member states in accordance with union law . such laws can limit customers ' access to certain goods or services , for instance by prohibiting the display of specific content in certain member states . traders should not be prevented from complying with such requirements and thus be able to block , limit the access or redirect certain customers or customers in certain territories to an online interface , insofar as that is necessary for that reason . ### in certain cases , blocking , limiting of access or redirection without the consumer ' s consent to an alternative version of an online interface for reasons related to the consumer ' s nationality or place or residence could be justified only if it is necessary in order to ensure compliance with a legal requirement in union law or in the laws of a member state in accordance with union law . such laws might limit consumers ' access to certain goods or services , for instance by prohibiting the display of specific content in certain member state . traders should not be prevented from complying with such requirements and thus should be able to block , limit the access or redirect certain consumers or consumers in certain territories to an online interface , insofar as that may be necessary for that reason . in this regard , a consumer should be notified on an online interface about the purpose of blocking , limiting or redirection to an alternative version of an online interface .


### traders shall not , through the use of technological measures or otherwise , block or limit customers ' access to their online interface for reasons related to the nationality , place of residence or place of establishment of the customer . ### a trader and an online marketplace shall not , through the use of technological measures or otherwise , block or limit consumers ' access to his or her online interface for reasons related to the nationality , place of residence or temporary location of the consumer .


### proposal for a regulation of the european parliament and of the council on addressing geo - blocking and other forms of discrimination based on customers ' nationality , place of residence or place of establishment within the internal market and amending regulation no 2006 / 2004 and directive 2009 / 22 / ec ### proposal for a regulation of the european parliament and of the council on addressing unjustified geo - blocking and other forms of discrimination based on consumers ' nationality , place of residence or temporary location within the internal market and amending regulation no 2006 / 2004 and directive 2009 / 22 / ec


### traders shall not , through the use of technological measures or otherwise , block or limit customers ' access to their online interface for reasons related to the nationality , place of residence or place of establishment of the customer . ### traders shall not , through the use of technological measures or otherwise , block or limit customers ' access to their online interface for reasons related to the nationality , place of residence , place of temporary location or place of establishment of the customer .


### certain traders operate different versions of their online interfaces , targeting customers from different member states . while this should remain possible , redirecting a customer from one version of the online interface to another version without his or her explicit consent should be prohibited . all versions of the online interface should remain easily accessible to the customer at all times . ### certain traders operate different versions of their online interfaces , targeting consumers from different member states . while this should remain possible , redirecting a consumer from one version of the online interface to another version without the trader providing clear and comprehensive information concerning such redirection should be prohibited . all versions of the online interface should remain easily accessible to the consumer at all times .


### each member state shall designate a body or bodies responsible for the enforcement of this regulation . member states shall ensure that adequate and effective means exist with the body or bodies designated in order to enforce compliance with this regulation . ### each member state shall designate a body or bodies responsible for the adequate and effective enforcement of this regulation .


### with a view to facilitating the effective enforcement of the rules laid down in this regulation , the mechanisms to ensure cross - border cooperation among competent authorities provided for in regulation no 2006 / 2004 of the european parliament and of the council30 should also be available in relation to those rules . however , as regulation no 2006 / 2004 only applies with respect to laws that protect consumers ' interests , those measures should be available only when the customer is a consumer . regulation no 2006 / 2004 should therefore be amended accordingly . __________________ 30 regulation no 2006 / 2004 of the european parliament and of the council of 27 october 2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws . ### with a view to facilitating the effective enforcement of the rules laid down in this regulation , the mechanisms to ensure cross - border cooperation among competent authorities provided for in regulation no 2006 / 2004 of the european parliament and of the council30 should also be available in relation to those rules . __________________ 30 regulation no 2006 / 2004 of the european parliament and of the council of 27 october 2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws .


### this regulation aims at preventing discrimination based on customers ' nationality , place of residence or place of establishment , including geo - blocking , in cross - border commercial transactions between traders and customers relating to the sales of goods and the provision of services within the union . it seeks to address direct as well as indirect discrimination , thus also covering unjustified differences of treatment on the basis of other distinguishing criteria which lead to the same result as the application of criteria directly based on customers ' nationality , place of residence or place of establishment . such other criteria can be applied , in particular , on the basis of information indicating the physical location of customers , such as the ip address used when accessing an online interface , the address submitted for the delivery of goods , the choice language made or the member state where the customer ' s payment instrument has been issued . ### this regulation aims at preventing discrimination based on consumers ' nationality , place of residence or temporary location , including geo - blocking , in cross - border commercial transactions between a trader and a consumer relating to sales of goods and the provision of services within the union . it seeks to address direct as well as indirect discrimination , thus also covering unjustified differences of treatment on the basis of other distinguishing criteria which lead to the same result as the application of criteria directly based on consumers ' nationality , place of residence or temporary location . such other criteria can be applied , in particular , on the basis of information indicating the physical location of consumers , such as the ip address used when accessing an online interface , the address submitted for the delivery of goods , the choice of language made or the member state in which the consumer ' s payment instrument has been issued .


### this regulation should not affect acts of union law concerning judicial cooperation in civil matters , notably the provisions on the law applicable to contractual obligations and on jurisdiction set out in regulations no 593 / 2008 of the european parliament and of the council24 and 1215 / 2012 of the european parliament and of the council25 , including the application of those acts and provisions in individual cases . in particular , the mere fact that a trader acts in accordance with the provisions of this regulation should not be construed as implying that he directs his activities to the consumer ' s member state for the purpose of such application . _________________ 24 regulation no 593 / 2008 of the european parliament and of the council of 17 june 2008 on the law applicable to contractual obligations . 25 regulation no 1215 / 2012 of the european parliament and of the council of 12 december 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters . ### this regulation should be without prejudice to union law concerning judicial cooperation in civil matters , notably the provisions on the law applicable to contractual obligations and on court jurisdiction set out in regulations no 593 / 2008 of the european parliament and of the council24 and 1215 / 2012 of the european parliament and of the council25 , including the application of those acts and provisions in individual cases . in particular , legal clarity is necessary regarding the meaning of “directing an activity” and the mere fact that a trader acts in compliance with the provisions of this regulation should not be construed as implying that he directs his activities to the consumer ' s member state , within the meaning of article 6 of regulation no 593 / 2008 , and of article 17 of regulation 1215 / 2012 , in accordance with the case law of the court of justice of the european union . the mere fact that the trader does not block / limit access to its online interface for consumers from another member state or does not apply different general conditions of access in the cases laid down in this regulation or does not apply different conditions for payment transactions in the payment schedule should not be considered as directing activities to the consumer ' s member state . an intention to direct an activity to a consumer’s member state cannot be considered to have been expressed solely where the trader is complying with the legal obligations set out in this regulation . where a trader directs his activities to a consumer’s member state , even when such commercial targeting is not explicitly mentioned by the trader’s online interface , consumers should however not lose the benefit from regulation no 593 / 2008 and regulation no 1215 / 2012 , which should remain applicable for the sake of legal certainty . _________________ 24 regulation no 593 / 2008 of the european parliament and of the council of 17 june 2008 on the law applicable to contractual obligations . 25 regulation no 1215 / 2012 of the european parliament and of the council of 12 december 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters .


### this regulation should not affect the application of the rules on competition , and in particular articles 101 and 102 tfeu . agreements imposing on traders obligations not to engage in passive sales within the meaning of commission regulation no 330 / 201029 to certain customers or to customers in certain territories are generally considered restrictive of competition and cannot normally be exempted from the prohibition laid down in article 101 tfeu . even when they are not caught by article 101 tfeu , in the context of the application of this regulation , they disrupt the proper functioning of the internal market and they may be used to circumvent the provisions of this regulation . the relevant provisions of such agreements and of other agreements in respect of passive sales requiring the trader to act in violation of this regulation should therefore be automatically void . however , this regulation , and in particular its provisions on access to goods or services , should not affect agreements restricting active sales within the meaning of regulation no 330 / 2010 . __________________ 29 commission regulation no 330 / 2010 of 20 april 2010 on the application of article 101 of the treaty on the functioning of the european union to categories of vertical agreements and concerted practices . ### this regulation should not affect the application of the rules on competition , and in particular articles 101 and 102 tfeu . agreements imposing on traders obligations not to engage in passive sales within the meaning of commission regulation no 330 / 201029 to certain consumers or to consumers in certain territories are generally considered restrictive of competition and cannot normally be exempted from the prohibition laid down in article 101 tfeu . the relevant provisions of such agreements in respect of passive sales requiring the trader to act in violation of this regulation should therefore be automatically null and void . however , this regulation , and in particular its provisions on access to goods or services , should not affect agreements restricting active sales within the meaning of regulation no 330 / 2010 . __________________ 29 commission regulation no 330 / 2010 of 20 april 2010 on the application of article 101 of the treaty on the functioning of the european union to categories of vertical agreements and concerted practices .


### in all those situations , traders may in some cases be prevented from selling goods or providing services to certain customers or to customers in certain territories , for reasons related to the nationality , place of residence or place of establishment of the customer , as a consequence of a specific prohibition or a requirement laid down in union law or in the laws of member states in accordance with union law . laws of member states may also require , in accordance with union law , traders to respect certain rules on the pricing of books . traders should not be prevented from complying with such laws in as far as necessary . ### in all those situations , traders may in some cases be prevented from selling goods or providing services to certain consumers or to consumers in certain member states , for reasons related to the nationality , place of residence or temporary location of the consumer , as a consequence of a specific prohibition or a requirement laid down in union law or in the laws of a member state in accordance with union law .


### in order to increase the possibility for customers to access information related to the sales of goods and the provision of services on the internal market and to increase transparency , including with respect to prices , traders should not , through the use of technological measures or otherwise , prevent customers from having full and equal access to online interfaces on the basis of their nationality , place of residence or place of establishment . such technological measures can encompass , in particular , any technologies used to determine the physical location of the customer , including the tracking of that by means of ip address , coordinates obtained through a global navigation satellite system or data related to a payment transaction . however , that prohibition of discrimination with respect to access to online interfaces should not be understood as creating an obligation for the trader to engage in commercial transactions with customers . ### in order to increase the possibility for consumers to access information related to sales of goods and the provision of services within the internal market and to increase transparency , including with respect to prices , traders and online marketplaces should not , through the use of technological measures or otherwise , prevent consumers from having full and equal access to online interfaces on the basis of their nationality , place of residence or temporary location . full and equal access to online interfaces in the form of a mobile application includes the possibility for the consumer to download and access any version of the mobile application a trader may operate in one or more member states . technological measures that prevent such access can encompass , in particular , any technologies used to determine the physical location of the consumer , including the tracking of that location by means of ip address , coordinates obtained through a global navigation satellite system or data related to a payment transaction . however , that prohibition of discrimination with respect to access to online interfaces should not be understood as creating an obligation for the trader to engage in commercial transactions with a consumer .


### where the trader sells goods and those goods are not delivered cross - border to the member state of the customer by the trader or on his or her behalf ; ### buy goods and the trader offers in his or her general conditions of access delivery of those goods to a location in a member state other than the member state of residence of the consumer , including the option to collect the goods at a location to be agreed upon between the consumer and the trader ;


### in order to realise the objective of ensuring good functioning of the internal market , as an area without internal frontiers in which the free movement of inter alia goods and services is ensured , it is not sufficient to abolish , as between member states , only state barriers . such abolition can be undermined by private parties putting in place obstacles inconsistent with internal market freedoms . that occurs where traders operating in one member state block or limit the access to their online interfaces , such as websites and apps , of customers from other member states wishing to engage in cross - border commercial transactions . it also occurs through other actions by certain traders involving the application of different general conditions of access to their goods and services with respect to such customers from other member states , both online and offline . whereas there may sometimes be objective justifications for such differential treatment , in other cases traders deny consumers wishing to engage in cross - border commercial transactions access to goods or services , or apply different conditions in this regard , for purely commercial reasons . ### in order to realise the full potential of the internal market as an area without internal frontiers in which the free movement of inter alia goods and services is ensured , it is not sufficient to abolish , as between member states , only state barriers . such abolition can be undermined by private parties putting in place obstacles inconsistent with internal market freedoms . that occurs where traders operating in one member state block or limit access to their online interfaces , such as websites and apps , by consumers from other member states wishing to engage in cross - border commercial transactions . it also occurs through other actions by certain traders involving the application of different general conditions of access to their goods and services with respect to such consumers from other member states , both online and offline . whilst there may sometimes be objective justifications for such differential treatment , in other cases some traders ' practices deny or limit access to goods or services by consumers wishing to engage in cross - border commercial transactions , or apply in this regard different conditions which are not objectively justified .


### ' goods ' means any tangible movable item , with the exception of items sold by way of execution or otherwise by authority of law ; water , gas and electricity shall be considered as goods within the meaning of this regulation where they are put up for sale in a limited volume or a set quantity ; ### ' goods ' means any tangible movable item , with the exception of items sold by way of execution or otherwise by authority of law , and water , gas and electricity unless they are put up for sale in a limited volume or a set quantity ;


### this regulation shall not affect acts of union law concerning judicial cooperation in civil matters . compliance with this regulation shall not be construed as implying that a trader directs his or her activities to the member state where the consumer has the habitual residence or domicile within the meaning of point of article 6 of regulation no 593 / 2008 and point of article 17 of regulation 1215 / 2012 . ### this regulation shall be without prejudice to union law concerning judicial cooperation in civil matters . compliance with this regulation shall not be construed as implying that a trader directs his or her activities to the member state where the consumer has the habitual residence or domicile within the meaning of point of article 6 of regulation no 593 / 2008 , and point of article 17 of regulation 1215 / 2012 . in particular , where a trader acting , in accordance with articles 3 , 4 and 5 , does not block or limit customers ' access to his or her online interface , does not redirect customers to a version of his or her online interface that is different from the online interface to which the customer first sought access , regardless of their nationality or place of residence , place of temporary location or place of establishment , does not apply different general conditions of access when selling goods or providing services in situations laid down in this regulation or where the trader accepts payment instruments issued in another member state on a non - discriminatory basis , that trader shall not be considered as directing his or her activities to the member state where the consumer has the habitual residence or domicile .


### where the trader provides services , other than those covered by point , and those services are supplied to the customer in the premises of the trader or in a physical location where the trader operates , in a member state other than that of which the customer is a national or in which the customer has the place of residence or the place of establishment . ### receive services from the trader other than electronically supplied services and those services are supplied to the consumer in a physical location in which the trader operates in a member state other than that in which the consumer has his or her place of residence .


### the prohibition set out in paragraph 1 shall not apply in so far as a specific provision laid down in union law or in the laws of member states in accordance with union law prevents the trader from selling the goods or providing the services to certain customers or to customers in certain territories ### the prohibition set out in paragraph 1 shall not apply in so far as a specific provision laid down in union law or in the laws of member states in accordance with union law by preventing the trader from selling the goods or providing the services to certain consumers or to consumers in certain territories .


### the discriminatory practices that this regulation seeks to address typically take place through general terms , conditions and other information set and applied by or on behalf of the trader concerned , as a precondition for obtaining access to the goods or services in question , and that are made available to the public at large . such general conditions of access include inter alia prices , payment conditions and delivery conditions . they can be made available to the public at large by or on behalf of the trader through various means , such as information published in advertisements , on websites or pre - contractual or contractual documentation . such conditions apply in the absence of an individually negotiated agreement to the contrary entered into directly between the trader and the customer . terms and conditions that are individually negotiated between the trader and the customers should not be considered general conditions of access for the purposes of this regulation . ### the discriminatory practices that this regulation seeks to address typically take place through general terms , conditions and other information set and applied by or on behalf of the trader concerned , as a precondition for obtaining access to the goods or services in question , and that are made available to the public at large . such general conditions of access include inter alia prices , payment conditions and delivery conditions . they can be made available to the public at large by or on behalf of the trader through various means , such as information published in advertisements or on websites , or may form part of pre - contractual or contractual information . such conditions apply in the absence of individually negotiated terms and conditions between the trader and the consumers . terms and conditions that are individually negotiated between the trader and the consumers should not be considered general conditions of access for the purposes of this regulation . however , the possibility of individually negotiating terms and conditions or agreeing individually upon additional rights or obligations should not result in geo - blocking or other unjustified forms of discrimination addressed by this regulation .


### traders falling under the special scheme provided in chapter 1 of title xii of council directive 2006 / 112 / ec27 are not required to pay vat . for those traders , when providing electronically supplied services , the prohibition of applying different general conditions of access for reasons related to the nationality , place of residence or place of establishment of the customer would imply a requirement to register in order to account for vat of other member states and might entail additional costs , which would be a disproportionate burden , considering the size and characteristics of the traders concerned . therefore , those traders should be exempted from that prohibition for such time as such a scheme is applicable . __________________ 27 council directive 2006 / 112 / ec of 28 november 2006 on the common system of value added tax ### traders falling under the special scheme provided in chapter 1 of title xii of council directive 2006 / 112 / ec27 are not required to pay vat . for those traders , when providing electronically supplied services , the prohibition of applying different general conditions of access for reasons related to the nationality or place of residence of the consumer would imply a requirement to register in order to account for vat of other member states and might entail additional costs , which would be a disproportionate burden , considering the size and characteristics of the traders concerned . therefore , those traders should be exempted from that prohibition for such time as such a scheme is applicable . __________________ 27 council directive 2006 / 112 / ec of 28 november 2006 on the common system of value added tax


### agreements imposing on traders obligations , in respect of passive sales , to act in violation of this regulation shall be automatically void . ### provisions of agreements imposing on traders obligations , in respect of passive sales within the meaning of regulation 330 / 2010 , to act in violation of this regulation shall be automatically null and void .


### in all those situations , traders may in some cases be prevented from selling goods or providing services to certain customers or to customers in certain territories , for reasons related to the nationality , place of residence or place of establishment of the customer , as a consequence of a specific prohibition or a requirement laid down in union law or in the laws of member states in accordance with union law . laws of member states may also require , in accordance with union law , traders to respect certain rules on the pricing of books . traders should not be prevented from complying with such laws in as far as necessary . ### in those situations , traders may in some cases be prevented from selling goods or providing services to certain consumers or to consumers in certain territories , as a consequence of a specific prohibition or a requirement laid down in union law or in the laws of member states in accordance with union law . laws of member states may also require , in accordance with union law , traders to respect certain rules on the pricing of books . in addition , laws of member states may require that electronically supplied services and electronically supplied publications should be able to benefit from the same preferential vat rate treatment as publications on any means of physical support , in line with council directive amending directive 2006 / 112 / ec , as regards rates of value added tax applied to books , newspapers and periodicals . traders should not be prevented from complying with such laws in as far as necessary and in as far as the union ' s principles and legislation , and the fundamental rights enshrined in the charter of fundamental rights of the european union , are complied with .


### traders shall not , for reasons related to the nationality , place of residence or place of establishment of the customer , redirect customers to a version of their online interface that is different from the online interface which the customer originally sought to access , by virtue of its layout , use of language or other characteristics that make it specific to customers with a particular nationality , place of residence or place establishment , unless the customer gives his or her explicit consent prior to such redirection . ### traders shall not , for reasons related to the nationality or place of residence of the consumer , redirect consumers to a version of their online interface that is different from the online interface which the customer originally sought to access , by virtue of its layout , use of language or other characteristics that make it specific to customers with a particular nationality or place of residence , unless the consumer gives his or her explicit consent prior to such redirection .


### in the event of such redirection with the customer ' s explicit consent , the original version of the online interface shall remain easily accessible for that customer . ### in the event of such redirection , the version of the online interface which the consumer initially sought to access shall remain easily accessible by the consumer .


### under union law , traders are in principle free to decide which means of payment they wish to accept , including payment brands . however , once this choice has been made , in view of the existing legal framework for payment services , there are no reasons for traders to discriminate customers within the union by refusing certain commercial transactions , or by otherwise applying certain different conditions of payment in respect of those transactions , for reasons related to the nationality , place of residence or place of establishment of the customer . in this particular context , such unjustified unequal treatment for reasons related to the location of the payment account , the place of establishment of the payment service provider or the place of issue of the payment instrument within the union should be expressly prohibited as well . it should be further recalled that regulation no 260 / 2012 already prohibits all payees , including traders , from requiring bank accounts to be located in a certain member state for a payment in euro to be accepted . ### under union law , traders are in principle free to decide which means of payment they wish to accept , including payment brands . however , once this choice has been made , in view of the existing legal framework for payment services , traders should not discriminate customers within the union by refusing certain commercial transactions , or by otherwise applying certain different conditions of payment in respect of those transactions , for reasons related to the nationality , place of residence , place of temporary location or place of establishment of the customer . in this particular context , such unjustified unequal treatment for reasons related to the location of the payment account , the place of establishment of the payment service provider or the place of issue of the payment instrument within the union should be expressly prohibited as well . it should be further recalled that regulation no 260 / 2012 already prohibits all payees , including traders , from requiring bank accounts to be located in a certain member state for a payment in euro to be accepted .


### in certain cases , blocking , limiting of access or redirection without the customer ' s consent to an alternative version of an online interface for reasons related to the customer ' s nationality , place or residence or place of establishment might be necessary in order to ensure compliance with a legal requirement in union law or in the laws of member states in accordance with union law . such laws can limit customers ' access to certain goods or services , for instance by prohibiting the display of specific content in certain member states . traders should not be prevented from complying with such requirements and thus be able to block , limit the access or redirect certain customers or customers in certain territories to an online interface , insofar as that is necessary for that reason . ### in certain cases , blocking or limiting of access , or redirection without the consumer ' s consent to an alternative version of an online interface for reasons related to the consumer ' s nationality , place of residence or temporary location might be necessary in order to ensure compliance with a legal requirement in union law or in the laws of a member state in accordance with union law . such laws can limit consumers ' access to certain goods or services , for instance by prohibiting the display of specific content in certain member states . traders should not be prevented from complying with such requirements and should thus be able to block or limit access by , or redirect , certain consumers , in so far as may be necessary for that reason .


### both consumers and undertakings should be safeguarded from discrimination for reasons related to their nationality , place of residence or place of establishment when acting as customers for the purposes of this regulation . however , that protection should not extend to customers purchasing a good or a service for resale , because it would affect widely used distribution schemes between undertakings in a business to business context , such as selective and exclusive distribution , which generally allow for manufacturers to select their retailers , subject to compliance with the rules on competition . ### consumers should be safeguarded from discrimination on grounds related to their nationality , place of residence or temporary location . however , in the case of dual - purpose contracts , where the contract is concluded for purposes partly within and partly outside the person ' s trade and the trade purpose is so limited as not to be predominant in the overall context of the contract , that person should also be considered as a consumer .


### each member state shall confer responsibility for providing practical assistance to consumers to a body or bodies in case of a dispute between a consumer and a trader arising from the application of this regulation . each member state shall designate a body or bodies responsible for that task . ### each member state shall designate a body or bodies responsible for providing practical assistance to consumers in the event of a dispute between a consumer and a trader arising from the application of this regulation .


### ' general conditions of access ' means all terms , conditions and other information , including sale prices , regulating the access of customers to goods or services offered for sale by a trader , which are set , applied and made available to the public at large by or on behalf of the trader and which apply in the absence of an individually negotiated agreement between the trader and the customer ; ### ' general conditions of access ' means all terms , conditions and other information , including net sale prices , regulating access by consumers to goods or services offered for sale by a trader , which are set , applied and made available to the public at large by or on behalf of the trader and which apply in the absence of an individually negotiated agreement between the trader and the consumer ;


### in this manner certain traders artificially segment the internal market along internal frontiers and hamper the free movement of goods and services , thus restricting the rights of customers and preventing them from benefitting from a wider choice and optimal conditions . such discriminatory practices are an important factor contributing to the relatively low level of cross - border commercial transactions within the union , including in the sector of electronic commerce , which prevents the full growth potential of the internal market from being realised . clarifying in which situations there can be no justification for differential treatment of this kind should bring clarity and legal certainty for all participants in cross - border transactions and should ensure that rules on non - discrimination can be effectively applied and enforced across the internal market . ### in this manner , certain traders ' practices artificially segment the internal market along internal frontiers and hamper the free movement of goods and services , thus restricting the rights of consumers and preventing them from benefitting from a wider choice and optimal conditions . such discriminatory practices are an important factor contributing to the relatively low level of cross - border commercial transactions within the union , including in the sector of electronic commerce , which prevents the full growth potential of the internal market from being realised . although there may be different underlying reasons behind such practices , in many cases the legal uncertainty involved and the associated risks as regards the applicable consumer protection and environmental or labelling laws contribute to the traders ' unwillingness to engage in commercial relations with consumers from other member states . in other cases some traders are fragmenting the market in order to increase consumer prices . clarifying in which situations there can be no justification for differential treatment of this kind and what the traders ' responsibility would be when selling to consumers from different member states in compliance with this regulation should bring clarity and legal certainty for all participants in cross - border transactions and should ensure that rules on non - discrimination can be effectively applied and enforced across the internal market .


### traders shall not apply different general conditions of access to their goods or services , for reasons related to the nationality , place of residence or place of establishment of the customer , in the following situations : ### a trader shall not apply different general conditions of access to his or her goods or services , for reasons related to the nationality , place of residence or temporary location of the consumer , where the consumer seeks to :


### this regulation aims at preventing discrimination based on customers ' nationality , place of residence or place of establishment , including geo - blocking , in cross - border commercial transactions between traders and customers relating to the sales of goods and the provision of services within the union . it seeks to address direct as well as indirect discrimination , thus also covering unjustified differences of treatment on the basis of other distinguishing criteria which lead to the same result as the application of criteria directly based on customers ' nationality , place of residence or place of establishment . such other criteria can be applied , in particular , on the basis of information indicating the physical location of customers , such as the ip address used when accessing an online interface , the address submitted for the delivery of goods , the choice language made or the member state where the customer ' s payment instrument has been issued . ### this regulation aims at preventing discrimination based on consumers ' nationality , place of residence or temporary location , including geo - blocking , in cross - border commercial transactions between a trader and a consumer relating to sales of goods and the provision of services within the union . it seeks to address direct as well as indirect discrimination , thus also covering unjustified differences of treatment on the basis of other distinguishing criteria which lead to the same result as the application of criteria directly based on consumers ' nationality , place of residence or temporary location . such other criteria can be applied , in particular , on the basis of information indicating the physical location of consumers , such as the ip address used when accessing an online interface , the address submitted for the delivery of goods , the choice of language made or the member state in which the consumer ' s payment instrument has been issued .


### this regulation seeks to contribute to the proper functioning of the internal market by preventing discrimination based , directly or indirectly , on the nationality , place of residence or place of establishment of customers . ### the purpose of this regulation is to contribute to the proper functioning of the internal market and achieve a high level of consumer protection by preventing geo - blocking based , directly or indirectly , on the country of origin or place of residence of consumers . this regulation defines situations in which differences in conditions of access cannot be justified by objective criteria under the provisions of article 20 of directive 2006 / 123 / ec . insofar as the provisions of this regulation conflict with the provisions of article 20 of directive 2006 / 123 / ec , the provisions of this regulation shall prevail . article 20 of directive 2006 / 123 / ec continues to fully apply to situations that are not covered by this regulation and that fall within the scope of directive 2006 / 123 / ec .


### finally , in the situation where the trader provides services and those services are received by the customer in the premises of or at a location chosen by the trader and different from the member state of which the customer is a national or in which the customer has his or her place of residence or place of establishment , the application of different general conditions of access for reasons related to such criteria should not be justified either . those situations concern , as the case may be , the provision of services such as hotel accommodation , sport events , car rental , and entry tickets to music festivals or leisure parks . in those situations , the trader does not have to register for vat in another member state nor arrange for cross - border delivery of goods . ### finally , in the situation where the trader provides services and those services are received by the consumer in premises or at a location not situated in the member state in which the consumer has his or her place of residence , the application of different general conditions of access for reasons related to such criteria should not be justified either . those situations concern , as the case may be , the provision of services such as hotel accommodation , sports events , car rental , and entry tickets to music festivals or leisure parks . in those situations , the trader does not have to register for vat in another member state or arrange for cross - border delivery of goods .


### in order to increase the possibility for customers to access information related to the sales of goods and the provision of services on the internal market and to increase transparency , including with respect to prices , traders should not , through the use of technological measures or otherwise , prevent customers from having full and equal access to online interfaces on the basis of their nationality , place of residence or place of establishment . such technological measures can encompass , in particular , any technologies used to determine the physical location of the customer , including the tracking of that by means of ip address , coordinates obtained through a global navigation satellite system or data related to a payment transaction . however , that prohibition of discrimination with respect to access to online interfaces should not be understood as creating an obligation for the trader to engage in commercial transactions with customers . ### in order to increase the possibility for consumers to access information related to sales of goods and the provision of services within the internal market and to increase transparency , including with respect to prices , traders and online marketplaces should not , through the use of technological measures or otherwise , prevent consumers from having full and equal access to online interfaces on the basis of their nationality , place of residence or temporary location . full and equal access to online interfaces in the form of a mobile application includes the possibility for the consumer to download and access any version of the mobile application a trader may operate in one or more member states . technological measures that prevent such access can encompass , in particular , any technologies used to determine the physical location of the consumer , including the tracking of that location by means of ip address , coordinates obtained through a global navigation satellite system or data related to a payment transaction . however , that prohibition of discrimination with respect to access to online interfaces should not be understood as creating an obligation for the trader to engage in commercial transactions with a consumer .


### this regulation should not affect acts of union law concerning judicial cooperation in civil matters , notably the provisions on the law applicable to contractual obligations and on jurisdiction set out in regulations no 593 / 2008 of the european parliament and of the council24 and 1215 / 2012 of the european parliament and of the council25 , including the application of those acts and provisions in individual cases . in particular , the mere fact that a trader acts in accordance with the provisions of this regulation should not be construed as implying that he directs his activities to the consumer ' s member state for the purpose of such application . __________________ 24 regulation no 593 / 2008 of the european parliament and of the council of 17 june 2008 on the law applicable to contractual obligations . 25 regulation no 1215 / 2012 of the european parliament and of the council of 12 december 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters . ### article 23 of regulation no 593 / 2008 of the european parliament and of the council24 allows for union law to lay down , in relation to particular matters , conflict - of - law rules relating to contractual obligations . similarly , article 67 of regulation no 1215 / 2012 of the european parliament and of the council25 allows for other union instruments to govern jurisdiction in specific matters . in order to enhance legal certainty for both traders and consumers and thus foster cross - border trade , this regulation introduces specific provisions concerning conflict - of - law rules and rules on jurisdiction with regard to consumer contracts . a trader could indicate in a clear and comprehensible manner on his online interface or in his general conditions of access that he intends to sell to consumers from one or more member states . where a consumer from a member state not indicated by the trader nevertheless seeks to conclude such a contract pursuant to article 4 of this regulation , the law applicable should be determined pursuant to articles 3 and 4 of regulation no 593 / 2008 . article 6 of regulation no 593 / 2008 should not apply . moreover , in such matters proceedings can be brought by the parties in the courts of the member state in which the trader is domiciled . article 18 of regulation no 1215 / 2012 should not apply . irrespective of these measures , this regulation should be without prejudice to union rules concerning judicial cooperation in civil matters , notably the provisions on the law applicable to contractual obligations and on jurisdiction set out in regulations no 593 / 2008 and 1215 / 2012 , including the application of those acts and provisions in individual cases . a trader may indicate on his or her website or in his or her general conditions of access , in a clear and comprehensible manner , that he or she is complying with this regulation and thereby promotes the aim of this regulation to abolish unjustified geo - blocking . __________________ 24 regulation no 593 / 2008 of the european parliament and of the council of 17 june 2008 on the law applicable to contractual obligations . 25 regulation no 1215 / 2012 of the european parliament and of the council of 12 december 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters .


### under union law , traders are in principle free to decide which means of payment they wish to accept , including payment brands . however , once this choice has been made , in view of the existing legal framework for payment services , there are no reasons for traders to discriminate customers within the union by refusing certain commercial transactions , or by otherwise applying certain different conditions of payment in respect of those transactions , for reasons related to the nationality , place of residence or place of establishment of the customer . in this particular context , such unjustified unequal treatment for reasons related to the location of the payment account , the place of establishment of the payment service provider or the place of issue of the payment instrument within the union should be expressly prohibited as well . it should be further recalled that regulation no 260 / 2012 already prohibits all payees , including traders , from requiring bank accounts to be located in a certain member state for a payment in euro to be accepted . ### under union law , traders are in principle free to decide which means of payment they wish to accept , including payment brands . however , once this choice has been made , in view of the existing legal framework for payment services , there are no reasons for traders to discriminate between consumers within the union by refusing certain commercial transactions , or by otherwise applying certain different conditions of payment in respect of those payment transactions , for reasons related to the nationality , place of residence or temporary location of the consumer . in this particular context , such unjustified unequal treatment for reasons related to the location of the payment account , the place of establishment of the payment service provider or the place of issue of the payment instrument within the union should likewise be expressly prohibited . it should be further recalled that regulation no 260 / 2012 of the european parliament and of the council1a already prohibits all traders from requiring bank accounts to be located in a certain member state for a payment in euro to be accepted . __________________ 1a regulation no 260 / 2012 of the european parliament and of the council of 14 march 2012 establishing technical and business requirements for credit transfers and direct debits in euro and amending regulation no 924 / 2009 .


### in all those situations , traders may in some cases be prevented from selling goods or providing services to certain customers or to customers in certain territories , for reasons related to the nationality , place of residence or place of establishment of the customer , as a consequence of a specific prohibition or a requirement laid down in union law or in the laws of member states in accordance with union law . laws of member states may also require , in accordance with union law , traders to respect certain rules on the pricing of books . traders should not be prevented from complying with such laws in as far as necessary . ### in all those situations , traders may in some cases be prevented from selling goods or providing services to certain consumers or to consumers in certain member states , for reasons related to the nationality , place of residence or temporary location of the consumer , as a consequence of a specific prohibition or a requirement laid down in union law or in the laws of a member state in accordance with union law .


### this regulation aims at preventing discrimination based on customers ' nationality , place of residence or place of establishment , including geo - blocking , in cross - border commercial transactions between traders and customers relating to the sales of goods and the provision of services within the union . it seeks to address direct as well as indirect discrimination , thus also covering unjustified differences of treatment on the basis of other distinguishing criteria which lead to the same result as the application of criteria directly based on customers ' nationality , place of residence or place of establishment . such other criteria can be applied , in particular , on the basis of information indicating the physical location of customers , such as the ip address used when accessing an online interface , the address submitted for the delivery of goods , the choice language made or the member state where the customer ' s payment instrument has been issued . ### this regulation aims at preventing discrimination based on consumers ' nationality or place of residence , including geo - blocking , in cross - border commercial transactions between traders and customers relating to the sales of goods and the provision of services within the union . it seeks to address direct as well as indirect discrimination , thus also covering unjustified differences of treatment on the basis of other distinguishing criteria which lead to the same result as the application of criteria directly based on consumers ' nationality or place of residence . such other criteria can be applied , in particular , on the basis of information indicating the physical location of consumers , such as the ip address used when accessing an online interface , the address submitted for the delivery of goods , the choice language made or the member state where the consumer ' s payment instrument has been issued .


### for the purposes of this regulation , the definitions set out in article 7 of implementing regulation no 282 / 2011 , article 2 , and of regulation 2015 / 751 of the european parliament and council32 and article 4 , , , , , , and of directive 2015 / 2366 shall apply . __________________ 32 regulation 2015 / 751 of the european parliament and of the council of 29 april 2015 on interchange fees for card - based payment transactions . ### for the purposes of this regulation : ' electronically supplied services ' has the meaning assigned to that term by article 7 of council implementing regulation no 282 / 2011 ; ' interchange fee ' , ' card - based payment instrument ' , ' payment brand ' , have the meanings respectively assigned to those terms by article 2 , and of regulation 2015 / 751 of the european parliament and council32 ; ' payment transaction ' , ' payer ' , ' payment service provider ' , ' payment account ' , ' payment instrument ' , ' direct debit ' , ' credit transfer ' and ' strong customer authentication ' have the meanings respectively assigned to those terms by article 4 , , , , , , and of directive 2015 / 2366 . __________________ 32 regulation 2015 / 751 of the european parliament and of the council of 29 april 2015 on interchange fees for card - based payment transactions .


### in order to realise the objective of ensuring good functioning of the internal market , as an area without internal frontiers in which the free movement of inter alia goods and services is ensured , it is not sufficient to abolish , as between member states , only state barriers . such abolition can be undermined by private parties putting in place obstacles inconsistent with internal market freedoms . that occurs where traders operating in one member state block or limit the access to their online interfaces , such as websites and apps , of customers from other member states wishing to engage in cross - border commercial transactions . it also occurs through other actions by certain traders involving the application of different general conditions of access to their goods and services with respect to such customers from other member states , both online and offline . whereas there may sometimes be objective justifications for such differential treatment , in other cases traders deny consumers wishing to engage in cross - border commercial transactions access to goods or services , or apply different conditions in this regard , for purely commercial reasons . ### in order to realise the full potential of the internal market as an area without internal frontiers in which the free movement of inter alia goods and services is ensured , it is not sufficient to abolish , as between member states , only state barriers . such abolition can be undermined by private parties putting in place obstacles inconsistent with internal market freedoms . that occurs where traders operating in one member state block or limit access to their online interfaces , such as websites and apps , by consumers from other member states wishing to engage in cross - border commercial transactions . it also occurs through other actions by certain traders involving the application of different general conditions of access to their goods and services with respect to such consumers from other member states , both online and offline . whilst there may sometimes be objective justifications for such differential treatment , in other cases some traders ' practices deny or limit access to goods or services by consumers wishing to engage in cross - border commercial transactions , or apply in this regard different conditions which are not objectively justified .


### this regulation shall not affect acts of union law concerning judicial cooperation in civil matters . compliance with this regulation shall not be construed as implying that a trader directs his or her activities to the member state where the consumer has the habitual residence or domicile within the meaning of point of article 6 of regulation no 593 / 2008 and point of article 17 of regulation 1215 / 2012 . ### this regulation shall be without prejudice to acts of union law concerning judicial cooperation in civil matters . simple compliance with this regulation shall not be construed as implying that a trader directs his or her activities to the member state where the consumer has the habitual residence or domicile within the meaning of point of article 6 of regulation no 593 / 2008 , and point of article 17 of regulation 1215 / 2012 . in particular , when a trader , acting in compliance with articles 3 , 4 and 5 , does not block or limit consumers ' access to its online interface , does not redirect them to a version of its online interface other than that which the consumer in question initially sought to access , regardless of their country of origin or place of residence , and does not apply different general access conditions in situations covered by this regulation , that operator cannot be said for those reasons alone to be actively directing its activities towards the member state where the consumer has the habitual residence or domicile . this shall however not apply when the existence of other additional elements , which go beyond simple compliance with the mandatory provisions , indicate that the trader directs his or her commercial or professional activities to such a member state .


### consumers should be in the position to receive assistance from responsible authorities facilitating the resolution of conflicts with traders , arising from the application of this regulation , including by way of a uniform complaint form . ### consumers should be in the position to receive assistance from responsible bodies facilitating the resolution of conflicts with traders , arising from the application of this regulation , including by way of a uniform complaint form .


### the first of those situations is where the trader sells goods and there is no cross - border delivery of those goods by or on behalf of the trader to the member state where the customer resides . in that situation the customer should be able to purchase goods , under exactly the same conditions , including price and conditions relating to the delivery of the goods , as similar customers who are residents of the member state of the trader . that may mean that a foreign customer will have to pick up the good in that member state , or in a different member state to which the trader delivers . in this situation , there is no need to register for value added tax in the member state of the customer , nor arrange for the cross - border delivery of goods . ### the first of those situations is where the trader sells goods and there is no cross - border delivery of those goods by or on behalf of the trader to the member state where the consumer resides . in that situation the consumer should be able to purchase goods under exactly the same conditions , including as to price and conditions relating to the delivery of the goods , as similar consumers who are residents of the member state of the trader . the trader may offer delivery in his or her general terms and conditions or may offer therein the possibility to collect the goods at a location to be agreed upon in a member state other than the member state where the consumer has his or her place of residence . that may mean that a foreign consumer will have to pick up the good in that member state , or in a member state different from that to which the trader delivers . in this situation , there is no need to register for value added tax in the member state of the consumer .


### where the trader sells goods , provides services , or seeks to do so , in the same member state as the one in which the customer has the place of residence or place of establishment , but the customer is a national of another member state ; ### where the trader sells goods or provides services , including non - audio - visual copyright - protected works and services , or seeks to do so , in the same member state as the one in which the consumer has the place of residence , but the consumer is a national of another member state ;


### the discriminatory practices that this regulation seeks to address typically take place through general terms , conditions and other information set and applied by or on behalf of the trader concerned , as a precondition for obtaining access to the goods or services in question , and that are made available to the public at large . such general conditions of access include inter alia prices , payment conditions and delivery conditions . they can be made available to the public at large by or on behalf of the trader through various means , such as information published in advertisements , on websites or pre - contractual or contractual documentation . such conditions apply in the absence of an individually negotiated agreement to the contrary entered into directly between the trader and the customer . terms and conditions that are individually negotiated between the trader and the customers should not be considered general conditions of access for the purposes of this regulation . ### the discriminatory practices that this regulation seeks to address typically take place through general terms , conditions and other information set and applied by or on behalf of the trader concerned , as a precondition for obtaining access to the goods or services in question , and that are made available to the public at large . such general conditions of access include inter alia prices , payment conditions and delivery conditions . they can be made available to the public at large by or on behalf of the trader through various means , such as information published in advertisements or on websites , or may form part of pre - contractual or contractual information . such conditions apply in the absence of individually negotiated terms and conditions between the trader and the consumers . terms and conditions that are individually negotiated between the trader and the consumers should not be considered general conditions of access for the purposes of this regulation . however , the possibility of individually negotiating terms and conditions or agreeing individually upon additional rights or obligations should not result in geo - blocking or other unjustified forms of discrimination addressed by this regulation .


### proposal for a regulation of the european parliament and of the council on addressing geo - blocking and other forms of discrimination based on customers ' nationality , place of residence or place of establishment within the internal market and amending regulation no 2006 / 2004 and directive 2009 / 22 / ec ### proposal for a regulation of the european parliament and of the council on addressing geo - blocking and other forms of discrimination based on customers ' nationality , place of residence , place of temporary location or place of establishment within the internal market and amending regulation no 2006 / 2004 and directive 2009 / 22 / ec


### traders shall not , for reasons related to the nationality , place of residence or place of establishment of the customer , the location of the payment account , the place of establishment of the payment service provider or the place of issue of the payment instrument within the union , apply different conditions of payment for any sales of goods or provision of services , where : ### a trader shall not , for reasons related to the nationality , place of residence or temporary location of the consumer , the location of the payment account , the place of establishment of the payment service provider or the place of issue of the payment instrument within the union , apply different conditions for a payment transaction , where :


### the prohibitions set out in paragraphs 1 and 2 shall not apply where the blocking , limitation of access or redirection with respect to certain customers or to customers in certain territories is necessary in order to ensure compliance with a legal requirement in union law or in the laws of member states in accordance with union law . ### the prohibitions set out in paragraphs 1 and 2 shall not apply where the blocking or limitation of access or the redirection is necessary in order for a trader or online marketplace to comply with a legal requirement in union law or in the laws of a member state in accordance with union law . the trader or the online marketplace shall justify the reasons for compliance in the language of the online interface that the consumer initially sought to access .


### considering that some regulatory and administrative barriers for traders have been removed across the union in certain services sectors as a result of the implementation of directive 2006 / 123 / ec , in terms of material scope , consistency should be ensured between this regulation and directive 2006 / 123 / ec . as a consequence , the provisions of this regulation should apply inter alia to non - audio - visual electronically supplied services , the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter , subject however to the specific exclusion provided for in article 4 and the subsequent evaluation of that exclusion as provided for in article 9 . audio - visual services , including services the main feature of which is the provision of access to broadcasts of sports events and which are provided on the basis of exclusive territorial licenses , are excluded from the scope of this regulation . access to retail financial services , including payment services , should therefore also be excluded , notwithstanding the provisions of this regulation regarding non - discrimination in payments . ### considering that some regulatory and administrative barriers for traders have been removed across the union in certain services sectors as a result of the implementation of directive 2006 / 123 / ec , in terms of material scope , consistency should be ensured between this regulation and directive 2006 / 123 / ec . as a consequence , the provisions of this regulation should apply inter alia to non - audio - visual copyright - protected works and electronically supplied services and intangible goods , the main feature of which is the provision of access to and use of copyright - protected works or other protected subject matter in respect of which the trader has the rights or has acquired the licence to use such content for all relevant territories . audio - visual works , including cinematographic works , and audio - visual services , including services the main feature of which is the provision of access to broadcasts of sports events and which are provided on the basis of exclusive territorial licenses , are excluded from the scope of this regulation pending a comprehensive review of the legislation . access to retail financial services , including payment services , should therefore also be excluded . however , the commission should nevertheless review possibilities to include them in the scope of the regulation , notwithstanding the provisions of this regulation regarding non - discrimination in payments .


### the payments are in a currency that the payee accepts . ### the payment transaction is in a currency that the trader accepts .


### where the trader sells goods or provides services , or seeks to do so , in a member state in which the customer is temporarily located without residing in that member state or having the place of establishment in that member state . ### where the trader sells goods or provides services , including non - audio - visual copyright - protected works and services , or seeks to do so , in a member state in which the consumer is temporarily located without residing in that member state .


### discrimination can also occur in relation to services in the field of transport , in particular with respect to the sales of tickets for the transport of passengers . however , in that regard regulation no 1008 / 2008 of the european parliament and of the council18 , regulation no 1177 / 2010 of the european parliament and of the council19 and regulation no 181 / 2011 of the european parliament and of the council20 already contain broad prohibitions of discriminations covering all discriminatory practices that the present regulation seeks to address . furthermore , it is intended that regulation no 1371 / 2007 of the european parliament and of the council21 will be amended to that effect in near future . therefore , and in order to ensure consistency with the scope of application of directive 2006 / 123 / ec , services in the field of transport should remain outside the scope of this regulation . __________________ 18 regulation no 1008 / 2008 of the european parliament and of the council of 24 september 2008 on common rules for the operation of air services in the community . 19 regulation no 1177 / 2010 of the european parliament and of the council of 24 november 2010 concerning the rights of passengers when travelling by sea and inland waterway and amending regulation no 2006 / 2004 . 20 regulation no 181 / 2011 of the european parliament and of the council of 16 february 2011 on the rights of passengers in bus and coach transport and amending regulation no 2006 / 2004 . 21 regulation no 1371 / 2007 of the european parliament and of the council of 23 october 2007 on rail passengers’ rights and obligations . ### discrimination also occurs in relation to services outside the scope of this regulation , including in the field of audio - visual , financial , electronic communications , transport or healthcare services . audio - visual services , including services the main feature of which is the provision of access to broadcasts of sports events and which are provided on the basis of exclusive territorial licenses , are excluded from the scope of this regulation . access to retail financial services , including payment services , should also be excluded , notwithstanding the provisions of this regulation regarding non - discrimination in payments . concerning electronic communications , the commission has presented a proposal for a european electronic communications code which upholds the principle of non - discrimination17a . when it comes to transport , regulation no 1008 / 2008 of the european parliament and of the council18 , regulation no 1177 / 2010 of the european parliament and of the council19 and regulation no 181 / 2011 of the european parliament and of the council20 already contain broad prohibitions of discrimination covering all discriminatory practices that the present regulation seeks to address . furthermore , it is intended that regulation no 1371 / 2007 of the european parliament and of the council21 will be amended to that effect in the near future . for healthcare services , directive 2011 / 24 / eu of the european parliament and of the council21a already states that patients from other member states cannot be discriminated against with regard to nationality . therefore , and in order to ensure consistency with the acquis , services in the field of , inter alia , audio - visual , financial , electronic communications , transport or healthcare services should , at this stage , remain outside the scope of this regulation . __________________ 17a proposal for a directive of the european parliament and of the council establishing the european electronic communications code - com590 . 18 regulation no 1008 / 2008 of the european parliament and of the council of 24 september 2008 on common rules for the operation of air services in the community . 19 regulation no 1177 / 2010 of the european parliament and of the council of 24 november 2010 concerning the rights of passengers when travelling by sea and inland waterway and amending regulation no 2006 / 2004 . 20 regulation no 181 / 2011 of the european parliament and of the council of 16 february 2011 on the rights of passengers in bus and coach transport and amending regulation no 2006 / 2004 . 21 regulation no 1371 / 2007 of the european parliament and of the council of 23 october 2007 on rail passengers’ rights and obligations . 21a directive 2011 / 24 / eu of the european parliament and of the council of 9 march 2011 on the application of patients ' rights in cross - border healthcare .


### discrimination can also occur in relation to services in the field of transport , in particular with respect to the sales of tickets for the transport of passengers . however , in that regard regulation no 1008 / 2008 of the european parliament and of the council18 , regulation no 1177 / 2010 of the european parliament and of the council19 and regulation no 181 / 2011 of the european parliament and of the council20 already contain broad prohibitions of discriminations covering all discriminatory practices that the present regulation seeks to address . furthermore , it is intended that regulation no 1371 / 2007 of the european parliament and of the council21 will be amended to that effect in near future . therefore , and in order to ensure consistency with the scope of application of directive 2006 / 123 / ec , services in the field of transport should remain outside the scope of this regulation . _________________ 18 regulation no 1008 / 2008 of the european parliament and of the council of 24 september 2008 on common rules for the operation of air services in the community . 19 regulation no 1177 / 2010 of the european parliament and of the council of 24 november 2010 concerning the rights of passengers when travelling by sea and inland waterway and amending regulation no 2006 / 2004 . 20 regulation no 181 / 2011 of the european parliament and of the council of 16 february 2011 on the rights of passengers in bus and coach transport and amending regulation no 2006 / 2004 . 21 regulation no 1371 / 2007 of the european parliament and of the council of 23 october 2007 on rail passengers’ rights and obligations . ### discrimination can also occur in relation to services in the field of transport , in particular with respect to the sales of tickets for the transport of passengers . therefore the provisions of this regulation should also apply to those services .


### in order to realise the objective of ensuring good functioning of the internal market , as an area without internal frontiers in which the free movement of inter alia goods and services is ensured , it is not sufficient to abolish , as between member states , only state barriers . such abolition can be undermined by private parties putting in place obstacles inconsistent with internal market freedoms . that occurs where traders operating in one member state block or limit the access to their online interfaces , such as websites and apps , of customers from other member states wishing to engage in cross - border commercial transactions . it also occurs through other actions by certain traders involving the application of different general conditions of access to their goods and services with respect to such customers from other member states , both online and offline . whereas there may sometimes be objective justifications for such differential treatment , in other cases traders deny consumers wishing to engage in cross - border commercial transactions access to goods or services , or apply different conditions in this regard , for purely commercial reasons . ### it is imperative to establish an area without internal frontiers in which the free movement of inter alia goods and services is ensured , as well as&#160 ; to achieve the objectives set in the new digital market strategy . remaining unjustified barriers should be removed in order to ensure a fully functioning single market for goods and services , notably in the cultural sector , which is of crucial importance in order to promote cultural diversity , disseminate culture and engender a common cultural heritage across the union . it is not sufficient to abolish only state barriers since this can be undermined by private parties putting in place obstacles inconsistent with internal market freedoms . such barriers occur where traders operating in one member state block or limit the access to their online interfaces , such as websites and applications , of customers from other member states wishing to engage in cross - border commercial transactions . they also occur through other actions by certain traders involving the application of different general conditions of access to their goods and services with respect to such customers from other member states , both online and offline . whereas there may sometimes be objective justifications for such differential treatment as provided for in directive 2006 / 123 / ec , in other cases traders deny consumers wishing to engage in cross - border commercial transactions access to goods or services , or apply different conditions in this regard , for purely commercial reasons .


### ' general conditions of access ' means all terms , conditions and other information , including sale prices , regulating the access of customers to goods or services offered for sale by a trader , which are set , applied and made available to the public at large by or on behalf of the trader and which apply in the absence of an individually negotiated agreement between the trader and the customer ; ### ' general conditions of access ' means all terms , conditions and other information , including net sale prices , regulating access by consumers to goods or services offered for sale by a trader , which are set , applied and made available to the public at large by or on behalf of the trader and which apply in the absence of an individually negotiated agreement between the trader and the consumer ;


### this regulation seeks to contribute to the proper functioning of the internal market by preventing discrimination based , directly or indirectly , on the nationality , place of residence or place of establishment of customers . ### the purpose of this regulation is to contribute to the proper functioning of the internal market and to achieve a high level of consumer ' s protection by preventing discrimination based , directly or indirectly , on the nationality or place of residence of consumers .


### in order to increase the possibility for customers to access information related to the sales of goods and the provision of services on the internal market and to increase transparency , including with respect to prices , traders should not , through the use of technological measures or otherwise , prevent customers from having full and equal access to online interfaces on the basis of their nationality , place of residence or place of establishment . such technological measures can encompass , in particular , any technologies used to determine the physical location of the customer , including the tracking of that by means of ip address , coordinates obtained through a global navigation satellite system or data related to a payment transaction . however , that prohibition of discrimination with respect to access to online interfaces should not be understood as creating an obligation for the trader to engage in commercial transactions with customers . ### in order to increase the possibility for consumers to access information related to sales of goods and the provision of services within the internal market and to increase transparency , including with respect to prices , traders and online marketplaces should not , through the use of technological measures or otherwise , prevent consumers from having full and equal access to online interfaces on the basis of their nationality , place of residence or temporary location . full and equal access to online interfaces in the form of a mobile application includes the possibility for the consumer to download and access any version of the mobile application a trader may operate in one or more member states . technological measures that prevent such access can encompass , in particular , any technologies used to determine the physical location of the consumer , including the tracking of that location by means of ip address , coordinates obtained through a global navigation satellite system or data related to a payment transaction . however , that prohibition of discrimination with respect to access to online interfaces should not be understood as creating an obligation for the trader to engage in commercial transactions with a consumer .


### this regulation shall not affect acts of union law concerning judicial cooperation in civil matters . compliance with this regulation shall not be construed as implying that a trader directs his or her activities to the member state where the consumer has the habitual residence or domicile within the meaning of point of article 6 of regulation no 593 / 2008 and point of article 17 of regulation 1215 / 2012 . ### this regulation shall not affect acts of union law concerning judicial cooperation in civil matters . compliance with this regulation shall not be construed as implying that a trader directs his or her activities to the member state where the consumer has his or her habitual residence or domicile within the meaning of point of article 6 of regulation no 593 / 2008 and point of article 17 of regulation no 1215 / 2012 .


### where the trader provides services , other than those covered by point , and those services are supplied to the customer in the premises of the trader or in a physical location where the trader operates , in a member state other than that of which the customer is a national or in which the customer has the place of residence or the place of establishment . ### receive services from the trader other than electronically supplied services and those services are supplied to the consumer in a physical location in which the trader operates in a member state other than that in which the consumer has his or her place of residence .


### objective and scope ### subject matter


### ' goods ' means any tangible movable item , with the exception of items sold by way of execution or otherwise by authority of law ; water , gas and electricity shall be considered as goods within the meaning of this regulation where they are put up for sale in a limited volume or a set quantity ; ### ' goods ' means any tangible movable item , with the exception of items sold by way of execution or otherwise by authority of law , and water , gas and electricity unless they are put up for sale in a limited volume or a set quantity ;


### finally , in the situation where the trader provides services and those services are received by the customer in the premises of or at a location chosen by the trader and different from the member state of which the customer is a national or in which the customer has his or her place of residence or place of establishment , the application of different general conditions of access for reasons related to such criteria should not be justified either . those situations concern , as the case may be , the provision of services such as hotel accommodation , sport events , car rental , and entry tickets to music festivals or leisure parks . in those situations , the trader does not have to register for vat in another member state nor arrange for cross - border delivery of goods . ### finally , in the situation where the trader provides services and those services are received by the consumer in premises or at a location not situated in the member state in which the consumer has his or her place of residence , the application of different general conditions of access for reasons related to such criteria should not be justified either . those situations concern , as the case may be , the provision of services such as hotel accommodation , sports events , car rental , and entry tickets to music festivals or leisure parks . in those situations , the trader does not have to register for vat in another member state or arrange for cross - border delivery of goods .