LAW OF THE REPUBLIC OF MOLDOVA

of March 20, 2025 No. 54

About prevention of unreasonable geoblocking

The parliament adopts this organic law.

This law shifts partially Regulations (EU) 2018/302 European parliament and Council of February 28, 2018 about prevention of unreasonable geoblocking and other forms of discrimination on the basis of nationality or nationality, the residence or location of clients in the domestic market and about modification of regulations (SE) No. 2006/2004 and (EU) 2017/2394, and also of the Directive 2009/22/SE (the text concerning EEP), L60 published in the Official magazine of the European Union of March 2, 2018, CELEX: 32018R0302.

Article 1. Purpose and subject of regulation

(1) the Purpose of this law is prevention of direct or indirect discrimination on the basis of nationality or nationality, the place of the residence/place of temporary residence or the location of clients.

(2) Provisions of this law do not extend on:

a) the types of activity specified in part (2) article 2 of the Law on freedom of organization of service providers and freedom of provision of services No. 282/2024;

b) regulations in the tax sphere;

c) regulations in the field of copyright and the related rights.

Article 2. Basic concepts

For the purposes of this law the following concepts mean:

1) goods - any movable physical item, except for the objects realized by the address of collection or other similar method, stipulated by the legislation;

2) the consumer - in the value determined by the Marine life protection act of the rights of consumers No. 105/2003;

3) the businessman - in the value determined by the Marine life protection act of the rights of consumers No. 105/2003;

4) the client - the consumer having nationality or belonging to nationality of the EU member state or living in the EU member state or the company with the location in the EU member state which provides service or which acquire/intend to acquire goods in the Republic of Moldova only for final use;

5) general terms of access - all provisions, conditions and other information, including the clean selling prices regulating access for clients to the goods or services offered for sale by the businessman which are determined, applied and provided to the general public by the businessman or from his name and which are applied in the absence of the agreement between the businessman and the consumer which is subject of individual negotiations;

6) the online interface - any software, including the website or its part and appendices, including the mobile applications managed by the businessman or from his name for provision to consumers of access to goods or services of the businessman for the purpose of participation in the transaction which subject are the corresponding goods or services;

7) the payment instrument - in the value determined by the Law on payment services and electronic money No. 114/2012;

8) payment transaction - in the value determined by the Law on payment services and electronic money No. 114/2012;

9) service - any independent economic activity which is usually performed for remuneration;

10) the services provided in electronic form - the services provided online or through electronic network which nature determines their provision in the automatic mode, the minimum intervention of the person and impossibility of provision for lack of information technologies.

Article 3. Access to online interfaces

(1) the Businessman, using technology measures or otherwise, cannot block and limit access for the client to the businessman's online interface for the reasons connected with nationality or the client's nationality, its place the residence/place of temporary residence or the location.

(2) the Businessman, for the reasons connected with nationality or the client's nationality, its place the residence/place of temporary residence or the location cannot redirect it on the version of the online interface other than the version of the online interface to which the consumer originally tried to get access and which on the structure, is obviously intended to the used language or other features for clients of certain nationality or nationality or with certain place the residence/place of temporary residence or the location if the client did not express the direct consent to such redirection.

(3) in case of redirection which happens from the explicit consent of the client that continues to use open entry to that version of the online interface to which he originally tried to get access.

(4) the Prohibitions provided by parts (1) and (2), are not applied if blocking or restriction of access for the client or redirection are necessary for ensuring compliance with legal status which subject are activities of the businessman.

(5) In the case provided by part (4), the businessman provides to the client accurate and specific explanation of the reasons determining need of blocking or restriction of access or redirection for ensuring compliance with these provisions. This explanation is furnished in language of the online interface to which the client initially tried to get access.

Article 4. Access to goods and services

(1) the Businessman cannot apply to the goods or services different general terms of access for the reasons connected with nationality or the client's nationality, its place the residence/place of temporary residence or the location if the client wishes:

a) acquire goods at the businessman with delivery to the address or with possibility of its obtaining in the place approved between the businessman and the client. Information on availability or lack of possibility of delivery or obtaining is brought to the attention of the client by means of general terms of access and accurately it is specified at the time of application for delivery or at the time of provision of consent to obtaining, before implementation of payment of product;

b) receive from the businessman the services provided in electronic form except services which main characteristic is provision of access to the works or other objects protected by copyright or to their use, and also sale of the works protected by copyright or other objects in non-material form;

c) that the businessman provided it services, except for the services provided in electronic form in the physical place where the businessman performs the activities.

(2) the Prohibition provided by part (1), does not interfere with businessmen to provide general terms of access, including selling prices which differ on territorial sign and are offered clients in certain territory or to certain customer groups on non-discriminatory basis.

(3) observance of the prohibition In itself provided by part (1), the obligation of the businessman does not involve to observe the non-contractual national legal statuses relating to these goods and services or obligation to inform clients on such legal requirements.

(4) the Prohibition provided by part (1), it is not applied if the legislation does not allow the businessman to sell goods or to render services to certain clients or clients in certain territories.

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