Free Wi-Fi may come with more strings attached than anyone previously thought – at least in Europe. A recent copyright ruling of the highest European Union court may prove to be a double-edged sword for entities that offer their customers free Wi-Fi. And it shows, once again, that modernization of copyright law to suit the digital age is a key area of focus for the EU.

The question before the Court of Justice of the European Union (the CJEU) was whether a retailer (in this case, an electrical store – although the practice is common among cafes, restaurants, and coffee shops) providing its customers with free use of an unprotected Wi-Fi network can be held liable for IP infringements by a third party. The question was raised on referral from the German courts, which have looked at similar issues before and ruled that operators of Wi-Fi access points are not liable for rights infringements by users. But the CJEU went further and provided guidance that may reassure and concern free Wi-Fi providers in equal measure.