As previously discussed by Matheson, the Geo-Blocking Regulation (the "Regulation") has been in force throughout the EU since 3 December 2018.
The European Consumer Centre Ireland is the designated body responsible for providing practical assistance to consumers in the case of a dispute between a consumer and trader arising from the application of the Regulation. This week the Competition and Consumer Protection Commission (the "CCPC") confirmed that it will have responsibility for the enforcement of the Regulation in Ireland. However, while the Regulation governs transactions with both consumers and businesses, the CCPC has stated that it will only have responsibility for consumer contracts and, as such, any business-to-business compliance issues will be dealt with in the Irish courts.
In publishing its Guide to the new Regulation, the CCPC has emphasised that businesses ought to "undertake a review of their trading terms and digital platforms to ensure compliance." 1 We agree that a pro-active approach of checking compliance with the Regulation should be undertaken and can reduce the risk of investigative or enforcement action by the CCPC. Traders should act now, if they have not already done so.
The CCPC's Guide to the Geo-Blocking Regulation is available here.
Matheson's overview of the obligations arising under the Regulation is available here.
Footnotes
1 Competition and Consumer Protection Commission, "New Geo-blocking Regulation commences" (10 December 2018)
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