Federal Court of Justice ruling: Free WiFi still uncertain for operators

Please note that this is an editorial contribution and not legal advice.

An update on the legal situation

In Karlsruhe, the Federal Court of Justice (BGH) has now confirmed the abolition of the arrest of interference decided in 2017. The Federal Court of Justice ruled that the new Telemedia Act (TMG) is fundamentally compatible with European law. Nevertheless, many questions remain unanswered - and WLAN networks are closed. Once again, some restrictions have been imposed on network operators. Due to the existing uncertainty, many potential hotspot operators are choosing not to make their WLAN available to the public — and Germany remains a WLAN desert.

Fear of network blockages by WLAN providers

The abolition of liability for interference benefits companies in particular, such as hotels, restaurants or gyms, which offer a public hotspot. Since 2017, legislators or authors can no longer hold the hotspot provider responsible for copyright infringements. The new TMG therefore protects the network provider from large waves of warnings with high costs. The Federal Court of Justice has now largely confirmed the 2017 amendment - But with a catch. Although the liability issue has become easier, the BGH decided that WLAN operators may be required by court to block certain content. This may include “the obligation to register users, to encrypt access with a password or — in extreme cases — to completely block access.” This therefore means that the author can oblige the WLAN operator to block the network via court. However, he must first draw the hotspot operator's attention to the violation of his right. The court then decides on the blockages to be applied in individual cases.

Offering unprotected WiFi is still not recommended

Of course, a public WiFi hotspot not be a lawless space where you can illegally download or upload music, games and movies. But the new restriction once again complicates the provision of public WLAN networks. Providers may have to secure their connections with a password, block certain pages and, in the worst case, even block all access for users.

Protecting copyright is important and useful, but the question is how the blockages contribute to this. Nowadays, it is impossible to filter out all pages from the whole wealth of the Internet that enable illegal file sharing. In addition, a general blocking of the sites would then make more sense than just at isolated WLAN hotspots.

BGH ruling creates new uncertainty

Although providers of public WiFi hotspots are no longer liable for illegal Internet consumption, they cannot easily unblock their network. Otherwise, you can expect legal proceedings and annoying blockages. The uncertainty surrounding public WiFi remains — and that scares many companies off.

In the specific case, which was examined by the Federal Court of Justice, it was a violation of both the current and earlier version of the Telemedia Act. A computer game company has sued a man who has five open WiFi hotspots, as well as two transition points to goal-Network operates. In his network, the game “Dead Island” was uploaded to a swap site. The operator disclaims any responsibility. Since the offense was committed in 2013, the Federal Court of Justice ruled according to the old TMG. For this particular case, the Liability for Interference, and the network provider must pay the fine.

The Düsseldorf Higher Regional Court will now decide whether the provider must also block any pages under the currently valid law.

Legally secured hotspot remains necessary

In view of the legal situation, it still makes sense to use professional Hotspot provider fall back. This is because free WiFi is welcomed by guests and is becoming increasingly important. In contrast to other countries, Germany has shockingly few public hotspots - probably precisely because of the legal framework. In the digital age, however, you shouldn't miss out on a hotspot. We therefore recommend an all-round carefree package that means you don't have to worry about anything anymore, are legally on the secure side and even benefit from every login.

Interested in a hotspot? Then take contact On - we would be happy to advise you.

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