Liability for interference abolished - mirage or reality?

In view of the increasing digitization of business and everyday life, the expansion of public WiFi hotspots should be promoted. In Germany in particular, this funding is urgently needed, as Germany reveals itself to be a WLAN desert by international standards. Despite the change in legislation, the lack of expansion of networks is primarily due to remaining legal uncertainties.

But what exactly does the legal situation look like?

Has the liability for interference really been abolished in Germany or do you still have to expect consequences as an operator of a WLAN hotspot? In the so-called arrest of faults, operators of public WLAN hotspots were held accountable for copyright infringements by users and thus as disruptors. Since 27.07.2016, the law no longer exists in this form. Because in order to make the hitherto opaque Telemedia Act (§8 TMG) more transparent, the Federal Government has adopted amendments to exclude law firms specializing in warnings in particular. However, the amendments made to the TMG allow room for discussion about the interpretation of the Act. This is because there is no specific wording on the limitation of liability in the legal text, but only in an attached statement of reasons. According to this, music companies, for example, still have the opportunity to assert injunctive claims against hotspot operators due to copyright infringements. A ruling by the ECJ provides more clarity: In order to protect themselves against injunctive requests, a simple identity check of users is necessary. You must therefore be able to prove when which user was online in order to be able to exclude yourself as the operator of the WLAN hotspot and thus as the perpetrator. For this reason, it is no longer enough to issue passwords or connect the WLAN hotspot via VPN. In summary, it can therefore be said that the liability for interference in Germany has not been completely purchased. Operators cannot provide their WLAN without restrictions and can only defend themselves against requests for injunctive relief by verifying the identity of users. However, there are hotspot solutions that simply query the identity during the login process, so you don't have to completely forego offering WiFi.