CJEU: a free Wi-Fi provider is entitled to rely on the mere conduit defence but can be ordered to set up a password protection and identify its users

Summary

Case comment, written with Hanne Snoeks, on the CJEU’s McFadden judgment of 15 September 2016 (C-484/14). A shop owner offering free and open Wi-Fi was held liable in Germany after a user shared a song on a peer-to-peer network. The Court confirmed that such a provider can rely on the mere conduit exemption of Article 12 of the E-Commerce Directive, so that it cannot be held liable for damages, but held that it may be ordered to protect its network with a password and require users to reveal their identity. The comment explains the background, the questions referred and the practical consequences.

Reference

H. Haouideg and H. Snoeks, "CJEU: a free Wi-Fi provider is entitled to rely on the mere conduit defence but can be ordered to set up a password protection and identify its users", Leading Internet Case Law, 2016, vol. 16, issue 5.