Mercado único digital: medidas contra el bloqueo geográfico injustificado, contratos de consumo concluidos por vía electrónica y normas de Derecho internacional privado
The unjustified geo-blocking Regulation aims to eliminate both direct and indirect discrimination based on customers’ nationality, place of residence or place of establishment. In order to achieve this goal, it prohibits traders from using technological measures to block or limit a customer’s access to their online interfaces for reasons related to the customer’s nationality, place of residence or place of establishment. Moreover, the Regulation provides that compliance with its rules shall not be construed as implying that a trader directs activities to the Member State of the consumer’s habitual residence or domicile within the meaning of Brussels I Regulation and Rome I Regulation. This statement raises a possible interference with the criteria identified in the European Court of Justice case law, in order to delimit when a trader has directed his activities to the Member State of the consumer.