Location Selection Expanding to UK Clients

[Vladimir G]

Hi Izzy,

I understand your concern, thanks for sharing your feedback in the Community. I'd like to clarify  that when a U.K. client posts a job and specifies they’re only interested in hiring a freelancer located in the U.K., freelancers outside of the U.K. will not see the job post. That does not mean you will not see new job posts from clients in the U.K., however. Many clients prefer the flexibility of hiring freelancers in any location and they will still make their job post visible to all freelancers, regardless of where they live. And as always, you’ll be able to see those opportunities.

[Izzy A]

Hey Vladimir,

Thanks for taking the time to reply - it is appreciated. I do understand that - my point is that I almost definitely meet all the requirements in terms of language, culture and work culture that would make a client want to hire UK freelancers only, so it's a shame (for me, personally, and perhaps other expat/migrant freelancers in a similar position; and definitely for the clients) that Upwork has introduced a filter that will appeal to those clients and therefore cut off the potential that I, or other UK freelancers living abroad, could have connected with them. I doubt very much that clients would select UK freelancers only because they want to be geographically close enough to physically meet the freelancers they hire - because if that were the case, Upwork probably wouldn't be the platform they'd use. I think it's more likely to be a familiarity with UK culture, and for my field in particular (copywriting), an appropriate and culturally engaging voice and understanding of local markets, that would motivate a client to go for the UK freelancers only option. 

[Nichola L]

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Izzy A wrote:

Hey Vladimir,

Thanks for taking the time to reply - it is appreciated. I do understand that - my point is that I almost definitely meet all the requirements in terms of language, culture and work culture that would make a client want to hire UK freelancers only, so it's a shame (for me, personally, and perhaps other expat/migrant freelancers in a similar position; and definitely for the clients) that Upwork has introduced a filter that will appeal to those clients and therefore cut off the potential that I, or other UK freelancers living abroad, could have connected with them. I doubt very much that clients would select UK freelancers only because they want to be geographically close enough to physically meet the freelancers they hire - because if that were the case, Upwork probably wouldn't be the platform they'd use. I think it's more likely to be a familiarity with UK culture, and for my field in particular (copywriting), an appropriate and culturally engaging voice and understanding of local markets, that would motivate a client to go for the UK freelancers only option. 

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Upwork doesn't care, Izzy, because apparently geo-blocking works for the company. However, I have read that the EU has brought in a law against geo-blocking, and I have written to find out if this extends to service companies such as Upwork  based in U.S. but subject to European and UK VAT regulations. 

[Kim F]

It's been a while since you (Nichola) posted this and I too would like to hear how Upwork is exempt from the geoblocking law [Geo-blocking Regulation (EU) 2018/302 to be specific; applied from 3 Dec 2018].

Perhaps someone could explain?

[Douglas Michael M]

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LKim F wrote:

It's been a while since you (Nichola) posted this and I too would like to hear how Upwork is exempt from the geoblocking law [Geo-blocking Regulation (EU) 2018/302 to be specific; applied from 3 Dec 2018].

Perhaps someone could explain?

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Looks as if any explanation would have to come from the relevant authorities, should anyone choose to pursue the question with them.

[Kim F]

How is Upwork not the 'relevant authority'?

Either Upwork operates as they do because they're exempt from this law because of [a thing I'm not clear about in their case], they're being slow in reacting to a change of law and changes are on the cards, or what they're doing is illegal. 

I was assuming they knew what they were doing and some nice chap could post the sentence that will explain.

[Douglas Michael M]

I meant legal authority, as in governing/oversight body.

That is, since Upwork refuses to address this issue, anyone who believes they may be in violation of the law would have to file an official inquiry, report, or complaint to get an answer.

It is indeed a pity that Upwork stonewalls questions like this rather than having their representatives provide answers from their legal department.

[Valeria K]

Hi Nichola, Kim and Michael,

Sorry about the delayed response.

We are happy to shed some light on Upwork's compliance with the EU's new geoblocking regulation. Upwork does not restrict or prohibit access to the site or the site services based on an EU User's geographic location. It is up to each individual client user to determine what factors they want to consider when selecting a freelancer for their project. Depending on the nature of the work or other reasons, some clients may prefer or need to engage a freelancer from a specific jurisdiction.

[Douglas Michael M]

Thank you, Valeria, for researching and articulating Upwork's position.

I leave further discussion to those with better knowledge than mine in this area (which is to say, any at all).

Best,

Michael

[Nichola L]

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Valeria K wrote:

Hi Nichola, Kim and Michael,

Sorry about the delayed response.

We are happy to shed some light on Upwork's compliance with the EU's new geoblocking regulation. Upwork does not restrict or prohibit access to the site or the site services based on an EU User's geographic location. It is up to each individual client user to determine what factors they want to consider when selecting a freelancer for their project. Depending on the nature of the work or other reasons, some clients may prefer or need to engage a freelancer from a specific jurisdiction.

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Thank you for this Valeria, but it is a little vague. Can you confirm that  a client in UK may not prevent European freelancers or native English freelancers who live in Europe from applying for a job?

If freelancers living in Europe are prevented - that is, if they see the restriction notice as one does for US jobs - it would mean the EU law is not being respected. 

I would also like to point out, that despite the political chaos in UK at the moment, the country has not yet left the union.