Should Hotels, Restaurants, Bars, and Shopping Centers Stop Offering Open WiFi Connections?

Should Hotels, Restaurants, Bars, and Shopping Centers Stop Offering Open WiFi Connections?

The answer in Germany is “yes.” To understand why, you have to understand the principle of “co-liability” or Störerhaftung. Under the principle of co-liability, operators of an open WiFi network can be held liable for the legal infringements of the users of their networks. This means that if someone uses your company’s free WiFi network to illegally download music, your company could be sent a warning (or could be subject to liability) for permitting the use.

The European Court of Justice recently addressed this issue in a case that dealt with the applicability of the E-Privacy Directive on private operators of internet connections. The case was presented to the European Court of Justice by the Regional Court of Munich, and involved a warning letter that had been sent by Sony Music Group to the operator of a business that offered free WiFi in its sales areas. According to Sony, a guest had allegedly used the free WiFi connection to illegally download music. …

 

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EU-US Cross Border Transfers, Privacy Shield, Model Clauses, and Binding Corporate Rules

Sept. 8, 2016 at 12 p.m. Eastern

Multinational companies and U.S.-based service providers have long struggled with transferring information from the European Union to the United States, and balancing legal compliance with practical need. With the invalidation of the Safe Harbor in 2015, the struggle became even more difficult. Although there remains uncertainty concerning how long the different methods for transferring information will continue to be recognized, with the approval of Privacy Shield, we have finally reached at least a temporary period of stability. Join Boulder Partner David Zetoony and Hamburg Associate Carolyn Krampitz as they discuss the legal and regulatory issues involved with transferring information from the European Union to the United States, and discuss the three methods that are recognized for doing so: the Privacy Shield, standard model clauses, and binding corporate rules. Click here for more information or to register.

We are presenting this audio web cast through Celesq® Attorneys Ed Center in partnership with West LegalEdcenter.

Note: The Privacy Shield after the Safe Harbor is also the subject of a recent program, EU-U.S. Data Transfer—Life after the Safe Harbor under the “Privacy Shield” (2605), available now on demand.