PRICE DIFFERENTIATION IN THE DSM GEOBLOCKING 21 June 2016.

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Presentation transcript:

PRICE DIFFERENTIATION IN THE DSM GEOBLOCKING 21 June 2016

2 EuroCommerce Who we are and why is it important?

3 Policy aims? A comprehensive approach to stimulating cross-border e-Commerce for Europe's citizens and businesses Making consumers buy more cross-border Ensuring non-discrimination of consumers Making traders sell more cross border – active presence in foreign markets Maintaining business freedom to decide about the commercial and geographical scope of their operations.

4 New obligations, higher compliance requirements, higher risks for traders Data Protection Geoblocking Accessibility Act Contract rules CPC There might be an increase in consumers buying on foreign websites BUT Little effect on boosting active cross border sales Expected effects? What’s in there for traders?

5 Main concern – Legal certainty Welcome clarification Status quo for traders that already target Some legal clarity for traders that do not target and do not deliver. Traders c annot refuse to sell, must apply the same sales conditions to all customers, are not forced to deliver & do not have to justify business decisions Is this enough? Lack of legal clarity regarding application of Rome I/ Brussels I In practice the concept of passive sales (not directed) has been strongly narrowed [Alpenhof, Müllheitner, Emrek] Inadvertent advertising / targeting What law applicable to the sale contract?

6 Is it practical? Delivery No obligation to deliver ”Right” to buy from any website ≠ customer convenience & expectation to have things delivered No clarity about the legal relationship with third party delivery company No room for customer service & occasional delivery

7 Good client service and reputation Even if legally the general conditions of sale will be the same in practice foreign customers may not receive the same service and support Withdrawal rights, free returns, legal guarantee, customer support Unclear if the point of delivery is for all purposes, including consumer rights, product safety, labelling Is trader’s law applicable?

8 Other issues Explicit consent for rerouting Lesson not learned from the e-privacy directive & cookie consent? Payments Need to clarify rules on direct debit and payment brand Age restricted goods Age verification

9 Will there be impact on prices? 80 € 120 € 100 € 140 €

10 Thank you