Legal certainty in WiFi: Why the Digital Services Act does not automatically provide protection

Where the real cost trap lurks

Many event organizers, restaurateurs, and companies feel secure today.
Interference liability has been abolished, and the Digital Services Act is in force: So is legal certainty in WiFi ?

Unfortunately, no.
This assumption is widespread, but dangerous.

Although legislators have significantly reduced the classic risk of warnings, WiFi offering open WiFi exchanges old problems for new ones—and often significantly more expensive ones. Network blocks, lost court cases, and data protection violations lurk where many would not expect them.

Time to dispel a few myths.

The big mistake: "I'm no longer liable"

Since the reform of telemedia law and with the Digital Services Act, the so-called provider privilege applies.
Put simply, anyone who merely provides internet access does not pay damages for copyright infringements by their users.

That sounds reassuring—but it's only half the truth when it comes to legal certainty in WiFi.


Liability has not disappeared. It has merely changed its form.

And this is precisely where the risk begins for anyone offering WiFi a professional structure.

More information is available from the Consumer Advice Center:
https://www.verbraucherzentrale.de/wissen/digitale-welt/mobilfunk-und-festnetz/wlanbetreiber-ihre-rechte-und-pflichten-bei-rechtsverstoessen-19261

Risk 1: The cost trap of "blocking claims"

Rights holders may continue to demand that you technically block certain content or services if WiFi occur via your WiFi . In legal terms, this is referred to as a blocking claim.

Many people underestimate this danger.

The first out-of-court request usually costs nothing.
But if you do not implement the block—or if it is technically inadequate—the case will end up in court.

And then it gets expensive.

If you lose the case, you will bear the entire legal costs. High amounts in dispute can quickly result in bills in the four or five-digit range. It does not matter whether you acted on your own behalf or not.

Your connection, your risk.

Risk 2: The burden of proof lies with you

Legal certainty in WiFi even more critical in court proceedings.

If your IP address appears in an investigation, you will initially be the focus of attention.
Courts then expect concrete evidence of innocence—not blanket statements.

A simple "It wasn't me, my WiFi open" is often no longer enough these days.

You must be able to demonstrate:

  • that third parties had access to your network

  • that these third parties may be considered perpetrators

  • that you have fulfilled your duty to investigate

Without technical protocols, this is hardly possible.

And then the so-called actual presumption of perpetration applies. The court treats you as if you had acted yourself—despite provider privilege.

Risk 3: The data protection dilemma

Obvious thought:
Then just log everything.

This is precisely where the next trap opens up.

Data protection law sets strict limits. Storing MAC addresses or connection data without effective consent is inadmissible in many cases. Data protection authorities consistently sanction violations—including fines.

This presents you with a real dilemma:

  • If you don't keep records, you may lose the copyright lawsuit in case of doubt.

  • If you log it, you risk violating data protection regulations.

With standard routers, there is no clear way out of this dilemma.

How we resolve the dilemma:

As a registered telecommunications provider, we have a different legal basis than a café or event organizer. We are permitted to store traffic data—but only within the scope prescribed by law, with technical safeguards and clear purpose limitation.

Specifically, this means:
We only log the bare minimum, encrypted and for a limited period of time. Enough to be able to provide information in an emergency. But never more than is permitted under data protection law.

For you, this means you don't have to worry about this balance. We do it for you.

The solution for legal certainty in WiFi: Technically getting out of the line of fire


At Eventnet, we therefore rely on a clear principle: VPN routing at the provider level.

All of your guests' data traffic is encrypted and routed through a tunnel directly to our data center. It is not your connection that is visible to the outside world, but ours.

Why this works legally:

The person who acts as the connection owner is also the correct addressee for blocking requests and requests for information. VPN routing makes us the de facto provider—with a telecommunications license, a professional legal department, and the technical infrastructure to implement blocking requests properly.

They remain invisible. Legally and technically.

This fundamentally changes the starting position:

  • Your IP address remains invisible
  • Warnings will not reach you
  • Blocking claims are not directed against you
  • You do not have to deal with questions of burden of proof.

We stand where you would otherwise stand.

Why our architecture is more than just WiFi

Legally compliant WiFi of more than just Internet access.

That's why we combine multiple layers of protection:

  • Complete network separation:WiFi strictly separated from the internal network. Cash registers, servers, and back office remain protected.

  • Client Isolation: Guests cannot see each other. Attacks from device to device remain ineffective.

  • Legal shielding: We act as a registered telecommunications provider and take care of risk management.

This is not a comfort feature.
It is protection.

Conclusion: Legal certainty in WiFi no coincidence

Liability for interference may be history—but the hassle isn't.
Network blocks, burdens of proof, and data protection issues now primarily affect those who WiFi offer" WiFi .

If you want to save yourself effort, cost risks, and uncertainty, don't rely on luck or half-knowledge.
Rely on professional structures.

With Eventnet, you not only get stable internet, but also legal relief. Our VPN-based architecture relieves you of technical and legal responsibility.

In short:

We provide WiFi. And we've got your back.

Interested in how this could work for you?
Then get in touch with us. We will show you the solution, explain the details, and you can decide whether it is right for you.

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