GuestWiFi guest access & DSA: What are the liability risks in 2025

Liability for GuestWiFi to become a more significant issue again by 2025

The Digital Services Act (DSA) is a regulation of the European Union, officially referred to as the Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act). It was adopted on 19 October 2022, came into effect on 16 November 2022, and has been fully applicable since 17 February 2024. The DSA aims to harmonize and modernize the regulation of digital services in the EU by establishing clear rules for online platforms and other digital services.

Specifications by the DSA in the area of GuestWiFi:

1. Liability for copyright infringements
   If guests illegally download or share copyrighted content (such as movies, music) via your WiFi, you, as the connection owner, could be held liable. While the liability privilege under Art. 4 DSA protects you from damages claims, you could still be asked to prevent such activities (injunctive relief).
   
   

2. Liability for other illegal content
   Guests could use your WiFi to spread illegal content such as hate speech, defamation, or child pornography. Again, the liability privilege for damages applies, but upon knowledge of such activities, you may be required to stop them or prevent future violations.
   
   

3. Data protection violations
   If your guests’ personal data (e.g., IP addresses or usage data) are not sufficiently protected, you could be violating data protection laws. This can lead to fines or damage claims, especially under the GDPR.

   
   

4. Security risks
   An unsecured WiFi could be misused by third parties (e.g., hackers) to distribute malware or steal data from your network. Such incidents could affect not only your guests but also yourself and have legal consequences.

   
   

5. Reputation risks
   If your WiFi is used for illegal activities, it could damage your reputation – especially if you run a business, a café, or a public facility. Negative publicity could deter customers.

Conclusion

Those who provide a guest WiFi must be aware that they may be held liable for the actions of their users – especially if they do not act upon knowledge of legal violations. By acting proactively, setting clear guidelines, and implementing appropriate technical measures, providers can minimize liability risks while meeting legal requirements.

Recommendation: If you offer a guest WiFi, review your current processes and adjust them to the specifications of the DSA to be legally compliant. Our solution from GuestWiFi.com already combines all the important prerequisites in a complete system with one-off costs.