Close Menu
    Latest Category
    • Finance
    • Tech
    • EU Law
    • Energy
    • About
    • Contact
    EUbusiness.com | EU news, business and politicsEUbusiness.com | EU news, business and politics
    Login
    • EU News
    • Focus
    • Guides
    • Press
    • Jobs
    • Events
    • Directory
    EUbusiness.com | EU news, business and politicsEUbusiness.com | EU news, business and politics
    Home » In public WiFi case, European Court of Justice takes significant step forward for the information society

    In public WiFi case, European Court of Justice takes significant step forward for the information society

    npsnps16 March 2016Updated:28 June 2024
    — Filed under: Focus
    Share
    Facebook Twitter LinkedIn Pinterest Email

    — last modified 16 March 2016

    The European Court of Justice took a significant step forward on 16 March in strengthening the legislative infrastructure that underpins the European information society, according to EuroISPA, the European association of European Internet Services Providers Associations (ISPAs).

    In a preliminary Opinion on the “McFadden case”, the Court’s Advocate General (AG) has found that operators of free public Wi-Fi cannot be held liable for copyright infringements committed on their networks.

    This assessment represents a crucial interpretation of the EU E-Commerce Directive, the legal basis that the European legislator has rightly identified as being key to the development of Internet technologies in Europe.

    If confirmed, this ruling would provide the legal certainty necessary for a dramatic expansion of public Wi-Fi access points, potentially to the point that free Wi-Fi could become commonly available across European commercial/retail environments.

    As per enforcement of copyrights, the AG Opinion’s rightly considers copyright as just one of the many fundamental rights of EU citizens, one that can only be enforced as part of a balanced approach that reflects the importance of competing rights. In particular, the Opinion strongly vindicates the right to privacy of communications, by precluding the providers of Internet services from undertaking general surveillance of user activities on their network in search of copyright-infringing content.

    In that context, EuroISPA hopes the Court of Justice of the EU will adjudicate positively with respect to the Advocate-General’s Opinion in McFadden. Strong protections against misplaced liability burdens are a crucial element in efforts to widen and deepen the information society in Europe.

    EuroISPA Intermediary Liability committee chair Malcolm Hutty said: “Today’s AG Opinion further strengthens the consensus that copyright enforcement measures must be balanced with fundamental rights. It says that restricting the availability of Wi-Fi access would be a disadvantage for society as a whole, that cannot be justified by benefits to copyright holders. I agree: the economic future of Europe depends on the widespread availability of Internet access, wherever you go, whenever you need it.”

    EuroISPA

    Add A Comment
    Leave A Reply Cancel Reply

    You must be logged in to post a comment.

    nps
    • Website

    Related Content

    European Central Bank governing council meeting - Photo © European Central Bank 2026

    ECB faces tough decision in October as equities begin to wilt under high interest rates

    Nature butterfly - Image by Day from Pixabay

    WWF urges EU to maintain its nature ambitions at biodiversity COP and at home

    Sponsor: WWF14 October 2026
    Law standards regulations - Image by Pixabay

    Less burden, better investment: SMEunited’s message to EU leaders

    Sponsor: SMEunited14 October 2026
    E-waste - Image by Thomas from Pixabay

    12.3 kg of e-waste per person collected in EU

    Military helicopter - Photo by Dominik Gryzbon on Pexels

    EU disburses €2.86 bn to Ukraine for drones, missiles and urgent battlefield needs

    AI artificial intelligence chatbot - Image by Tim Witzdam from Pexels

    42 per cent of smaller European companies use AI

    LATEST EU NEWS
    European Central Bank governing council meeting - Photo © European Central Bank 2026

    ECB faces tough decision in October as equities begin to wilt under high interest rates

    15 October 2026
    E-waste - Image by Thomas from Pixabay

    12.3 kg of e-waste per person collected in EU

    14 October 2026
    Military helicopter - Photo by Dominik Gryzbon on Pexels

    EU disburses €2.86 bn to Ukraine for drones, missiles and urgent battlefield needs

    14 October 2026
    AI artificial intelligence chatbot - Image by Tim Witzdam from Pexels

    42 per cent of smaller European companies use AI

    14 October 2026
    New cars - Image by Renato Rocca on Pexels

    EU trade in electric, hybrid cars continues increase in 2025

    13 October 2026

    Subscribe to EUbusiness Week

    Get the latest EU news

    CONTACT INFO

    • EUbusiness, 117 High Street, Chesham Buckinghamshire, HP5 1DE, United Kingdom
    • +44(0)20 8058 8232
    • service@eubusiness.com

    INFORMATION

    • About Us
    • Advertising
    • Contact Info

    Services

    • Cookie Policy
    • Terms
    • Disclaimer

    SOCIAL MEDIA

    Facebook
    eubusiness.com © EUbusiness Ltd 2026

    Type above and press Enter to search. Press Esc to cancel.

    Sign In or Register

    Welcome Back!

    Login to your account below.

    Lost password?