Can a shop redirect EU visitors to a national site without consent?

The Citead team, updated

In short. A shop needs explicit consent for country-based redirects and must keep the original site easily accessible, subject to the legal exception in Article 3(3).

Definition: For a shop within the Geo-blocking Regulation's scope, redirecting a customer to a national version because of nationality, residence or establishment requires explicit consent under Article 3(2). After consent, the originally requested version must remain easily accessible; Article 3(3) permits an exception where redirection is necessary to comply with applicable law.

Key facts

  • Article 3(2) of Regulation (EU) 2018/302 covers national versions distinguished by layout, language or other characteristics aimed at particular customers.
  • The European Commission's Questions & Answers explains that consent can cover subsequent visits, can be withdrawn at any time, and leaves the original version easily accessible.
  • The EUR-Lex summary records that the regulation applies since 3 December 2018 and imposes no general requirement to harmonise prices or extend cross-border delivery.

Which country redirects fall under the rule?

An online interface means a shop's website, part of a website or application through which customers access its goods or services for a transaction. Article 2(16) of the regulation supplies that definition.

Article 3(2) addresses moving a customer away from the version initially requested for reasons connected to nationality, residence or establishment. A different language or layout can identify the destination as a national version. Recital 20 expressly allows shops to operate different versions for different Member States.

The Commission's guidance, question 2.2.6, confirms that the rule also covers redirects between country-specific websites.

The Commission's guidance, question 2.2.3, gives a concrete example: the destination website has an easily accessible button taking the customer back to other versions. The customer remains free to withdraw consent at any time, and consent need not be requested on every visit to the same website.

Recital 20 of the regulation identifies a preference expressed through a personal account as one way to give consent for subsequent visits. Article 3(2) still requires the originally requested version to remain easily accessible after the redirect.

Article 3(3) permits redirection where necessary to comply with EU law or a Member State's law consistent with EU law, to which the trader's activities are subject. The shop must give a clear, specific explanation of why the redirect is necessary, in the language of the version initially requested.

The Commission's guidance, question 2.2.4, illustrates a legal access restriction with a French court order preventing access to some or all of a French website during trademark litigation.

FAQ

Can I remember a customer's choice?

Yes. The Commission's guidance, question 2.2.7, leaves the storage method unspecified and explains that EU data protection and e-Privacy rules apply where their conditions are met.

Must I create a website in every EU language?

No. The same guidance, question 2.2.1, says the regulation imposes no obligation to create websites or sections in particular languages.

Must I offer delivery to the visitor's home country?

The EUR-Lex summary explains that the regulation does not require cross-border delivery where the trader already provides no such service.

Sources

  1. European Parliament and Council, "Regulation (EU) 2018/302", 28 February 2018
  2. European Commission, "Questions & Answers on the Geo-blocking Regulation in the context of e-commerce", 2018
  3. EUR-Lex, "Geo-blocking: addressing discriminatory treatment of customers", 16 October 2018

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