Liability for interference abolished - uncertainty remains

On June 17, the Federal Council spoke out on the abolition of liability for interferers

The amendment to the Telemedia Act was approved by the Federal Council last week. As a result of the legislative amendment, operators of public WLAN should be excluded from liability for legal violations. However, the Legislative change criticized by experts. It is described as a compromise rather than a complete abolition of liability risk. Following the amendment, a small addition to the Telemedia Act now states that all operators of local WLAN access are on an equal footing with free network providers in terms of liability. However, operators can also Still prosecuted with injunctive relief claims in the future The reason for this is that although the amendment states that the prosecution of WLAN operators should be abolished in the text of the law itself, this provision was not stated in the text of the law itself. Courts are therefore ultimately free to decide how to act in the event of an injunctive action.In fact, the abolition of liability for interference is therefore not in law and injunctive claims by rights holders may continue to exist in the future. Unfortunately, for many operators of public WLAN access, the question remains unanswered as to how risky it really is to grant customers free access to the Internet. Companies should continue to be careful and the release of a public hotspot should not be rushed. In order to be completely secure, WLAN users must be able to be logged and traced. With Socialwave, you are still legally on the safe side and can also conduct cost-effective social media marketing.