by Jules Maregiano · March 3, 2022
Yes. It’s illegal. Selling the same exact subscription at different prices based on the location of your customers within the Eurozone is illegal. According to Europa.eu the official EU website:
"[...] there is no possible justification for differences in access to goods or services for customers from different EU countries in the following [...] situations: [...] sale of electronically supplied services (excluding copyright protected content) – such as cloud computing services or website hosting"
That’s because they are copyright-protected content. Copyright-protected content such as movies, video games, music, etc. is subjected to copyright laws that work on a regional basis. If ABC company owns the rights to XYZ movie in Germany, another owner might own the rights in Spain.
Physical products (and services) can be sold at different prices based on the buyer’s location if there’s a justification for the price change. Justifications are most of the time shipping costs. There are no customs duties within the EU so this is not a possible justification.
Products provided in a specific location (plane tickets), or without physical delivery (click&collect), are considered subject to no possible justification, and therefore can not be sold at different prices to EU citizens or companies.