EU warns Apple on geo-blocking violations in Europe

Giuseppe de vita
Credit: Gabby Jones/Bloomberg

Brussels (Brussels Morning Newspaper)- The EU CPC Network alerted Apple about potential geo-blocking violations, requiring alignment with EU anti-discrimination rules within a month.

European Commission and the Consumer Protection Cooperation (CPC) Network of national consumer authorities informed Apple of several potentially restricted geo-blocking practices that the CPC Network has placed on certain Apple Media Services, namely App Store, Apple Arcade, Music, iTunes Store, Books and Podcasts. The network asked Apple to align its rules with the EU’s anti-geo-blocking regulations.

Why has the EU alerted Apple on geo-blocking?

As reported by the EU Commission, the CPC Network’s move against Apple is led by the competent national authorities of Belgium (Directorate General for Economic Inspection), Germany (Bundesnetzagentur) and Ireland (Competition and Consumer Protection Commission), under the coordination of the European Commission.

How does geo-blocking impact European consumers’ access?

Based on coordinated action, the CPC Network found several restrictions on Apple Media Services which, according to the network’s review unlawfully discriminate European consumers based on their place of residence. Consumers face restrictions when it comes to Online access, Payment methods and Downloading.

What actions does the CPC network demand from Apple?

EU Commission stated that the legal commitments that the CPC Network is invoking vis-Ă -vis Apple can be found in the Geo-blocking Regulation and the Services Directive. The Geo-blocking Regulation bans unjustified discrimination between EU customers based on their nationality, place, or place of establishment when they desire to buy goods and services from traders found in a different Member State. The Services Directive mandates that general conditions of access to a service do not include discriminatory provisions linking to the nationality or place of residence of the service recipient unless directly explained by objective criteria.

In the next steps, Apple now has one month to respond to the CPC Network’s conclusions and propose pledges on how they will address the specified geo-blocking practices. Relying on Apple’s reply, the CPC Network may enter into a discussion with the company. If Apple fails to address the matters raised by the CPC Network, national authorities can assume enforcement measures to ensure adherence.

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Giuseppe De Vita is a journalist at Brussels Morning News, He is covering European politics, Law and Technology news. Lawyer at De Vita & Partners Law Firm specializing in Criminal Law, Military and Space Law, and Cyber Security. In April 2023, he authored the monograph "Governance in Extraterrestrial Space", showcasing his extensive legal expertise. He has acquired vast experience in handling criminal and civil matters, managing litigation before various levels of jurisdiction across the national territory. In 2010, he obtained a Master's degree in Information Technology Law. Additionally, in the same year, he served as a teacher in criminal-IT subjects at the Penitentiary Police School of Portici, providing courses aimed at officials and managers of the Penitentiary Police and the Penitentiary Administration, focusing on IT security. He also serves as a Workplace Safety teacher, conducting training courses at various organizations and educational institutions. Moreover, he is a lecturer on Anti-Corruption and Transparency. The law firm, under his guidance, assists both private and corporate clients in court, accumulating significant experience in criminal and civil disputes over the years. Furthermore, it conducts Risk Management and Compliance, Cyber Resilience, and Cyber Security activities, with a specific focus on privacy protection (EU Regulation 2016/679 - GDPR). Giuseppe frequently publishes articles in legal journals, analyzing various regulatory issues. He has contributed articles to the legal journal Altalex, of which he is also a member of the Scientific Committee.
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