CJEU clarifies Wi-Fi provider liability in McFadden decision

01.12.2016

This article was first published in Digital Business Lawyer, November 2016
The Court of Justice of the European Union (‘CJEU’) has delivered its verdict in the case of Tobias McFadden v. Sony Music Entertainment Germany GmbH, finding that those who provide free Wi-Fi internet access within the course of their economic activity can benefit from the ‘mere conduit’ defence to liability, if the provider satisfies a number of conditions. However, the CJEU found that Wi-Fi providers can be required to secure their network. Theo Savvides and Andy Butcher of Bristows LLP discuss the case’s implications for Wi-Fi providers.