The UK Geo-Blocking (Enforcement) Regulations have now been published
The Geo-Blocking (Enforcement) Regulations 2018 (SI 2018/1153) were made on 6 November and have effect from Monday 3 December.
These Regulations arise from the EU Geo-blocking Regulation (2018/302) which has direct effect. However, the EU Regulation requires Member States to designate a body or bodies responsible for adequate and effective enforcement and Article 7(2) requires Member States to lay down the rules setting out the measures applicable to infringements.
Regulation 2 amends the Enterprise Act 2002, sch 13 so that a contravention of the Geo-blocking Regulation by a trader may be enforced under Part 8 of that Act if the contravention harms the collective interests of consumers.
Regulation 3 provides that a failure of a trader to comply with certain Articles of the Geo-blocking Regulation is a breach of an obligation owed by a trader to a customer so that, where loss or damage is caused by the trader to the customer, the customer may bring a civil action against the trader in respect of that loss or damage.
Quite what caused the change from the EU’s ‘Geo-blocking’ to the UK’s ‘Geo-Blocking’ is anyone’s guess.