Unjustified geo-blocking of consumers shopping online still persists

Corporate and Commercial Law

By: Jan Prošek

EU Regulation 2018/302 of the European Parliament and of the Council on tackling unjustified geo-blocking and other forms of discrimination based on the nationality, place of residence or place of establishment of customers in the internal market, which entered into force on 3 December 2018, aims to prevent unjustified geo-blocking and other forms of discrimination.

Geo-blocking is a discriminatory business practice that restricts customers from accessing products and services offered online in other countries. This is manifested, for example, by blocking cross-border access to the website or preventing the completion of an order or purchase if the user accesses the site from abroad.

In 2025, the European Court of Auditors (ECA) issued Special Report 03/2025, which deals with the problem of unjustified geo-blocking and the application of the Regulation itself. Geographical blocking is a major obstacle to the creation of a Digital Single Market, as traders operating in one Member State restrict access to their digital interfaces for users in other Member States. In certain cases, blocking may be justified, but unless there is a substantial justification for it, geo-blocking and discrimination are both prohibited. The auditors examined whether the Commission had properly addressed the concerns and needs of EU online traders and consumers in relation to this issue. Furthermore, the ECA checked whether the Commission adequately supported Member States in implementing the Regulation and cooperated with national authorities to remove unjustified geo-blocking.

The Special Report assessed that the Regulation has contributed to progress in addressing the needs of consumers and traders, but problems remain in its proper and consistent implementation. While the Commission has carried out surveys, studies and analysis of the main issues in the legislative preparation process, there are some shortcomings, such as incomplete checking of compliance with other relevant EU legislation, lack of data or insufficient monitoring measures.

There have been delays in enforcing the Regulation and significant differences in the measures taken by the individual Member States, leading to uneven conditions. The ECA repeatedly points to the lack of information obtained by the Commission in the preparatory phase. The ECA therefore recommends the following four steps to the Commission:

  1. carry out a study to assess the possibility of extending the scope of the Regulation or adapting other sectoral rules,
  2. improve support and information assistance to Member States,
  3. complement Member States’ measures with a Europe-wide enforcement mechanism,
  4. increase the adequacy of monitoring measures to effectively assess the effectiveness of the geo-blocking regulation.

This year, the Commission faces a mandatory five-yearly evaluation of the Regulation, as provided for in the legislation itself. It remains to be seen to what extent it will follow the recommendations of the European Court of Auditors and what changes it will bring, in the hope that they will lead to an improvement of the regulation and more effective enforcement.