EC Warns Apple to Stop Geoblocking

Following an investigation at the European level, the Consumer Protection Cooperation (CPC) Network of national consumer authorities and the European Commission notified Apple of several potentially prohibited geo-blocking practices. The CPC Network has identified geoblocking on certain Apple Media Services, namely App Store, Apple Arcade, Music, iTunes Store, Books, and Podcasts.

The network requested Apple to align its practices with the EU's anti-geo-blocking rules. The CPC Network found a number of limitations on Apple Media Services which, according to the network's assessment unlawfully discriminate European consumers based on their place of residence. Consumers face limitations when it comes to online access, payment methods, and downloading.

CPC found that Apple Media Services has a different interface for different countries in the EU/EEA. In the app version of these services, consumers are only allowed to access the interface made for the country where they have registered their account and face significant challenges when attempting to change this, which is not allowed under the EU's anti-geo-blocking rules. When making paid purchases on Apple Media Services, consumers are only allowed to use means of payment issued in the country where they registered their accounts. Since the App Store does not allow consumers to access the version of another EU/EEA country, consumers are not allowed to download the apps offered in other countries.

The legal obligations that the CPC Network is invoking vis-à-vis Apple can be found in the Geo-blocking Regulation and the Services Directive. The Geo-blocking Regulation prohibits unjustified discrimination between EU customers based on their nationality, residence, or place of establishment when they want to buy goods and services from traders located in a different Member State. The Services Directive requires that general conditions of access to a service do not contain discriminatory provisions relating to the nationality or place of residence of the service recipient unless directly justified by objective criteria.

Apple now has one month to reply to the findings and propose commitments on how they will address the identified geo-blocking practices. Depending on the reply, the CPC Network may enter into a dialogue with the company. If Apple fails to address the concerns raised by the CPC Network, national authorities can take enforcement measures to ensure compliance.