News-Update, 27.12.2016:
Wifi-Hotspots: Legislative action abolishes the so-called „Störerhaftung” (Breach of Duty of Care)


The 3rd legislative amendment of the Telemediengesetz (“TMG” – German Telemedia Act), adopted on October 13, 2017, finally abolished the “Störerhaftung” (Breach of Duty of Care) of WiFi access providers. It is now legally specified in § 8 para. 1 cl. 2 TMG that an access provider cannot be held accountable for infringements commited by his users, in particular by cease and desist claims or claims for compensation of costs. Hopefully, this legislative change will accelerate the expansion of open access WiFi Hotspots in Germany.

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Jan Sklepek

Competition Law, Compliance, Data Protection Law, Industrial Property Rights, International Legal Relations, IT Law, Professional Law / Professional Liability Of Tax Accountants, Auditors And Attorneys – At Law And Insolvency Administrators
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