Case Law · CJEU EN LLM context A cited markdown file you can paste into your AI assistant (ChatGPT, Claude, a RAG or project knowledge base) to ground it in this document. Contains: this document’s text, its sections with their topics, and the full text of every law provision it applies. Everything links back to its source on overview.legal — legal information, not advice.
LSG-GESELLSCHAFT ZUR WAHRNEHMUNG VON LEISTUNGSSCHUTZRECHTEN GMBH V. TELE2 TELECOMMUNICATION GMBH, 19.Feb.2009 (“Tele2”)
Summary
Balancing rights: The judgment relies heavily on the Promusicae judgment to hold that: (1) Access providers which merely provide users with Internet access, without offering other services or exercising any control over the services provided to users, must be regarded as intermediaries under Article 8(3) of Directive 2001/29; (2) under the principle of proportionality, ISPs’ duty of disclosure gives way to users’ privacy rights in this case, where temporary IP addresses must not be stored for th
How it connects
References
Related across sources
Guidance Guidelines 03/2022 on Deceptive design patterns in social media platform interfaces: how to recognise and avoid them Literature General Data Protection Regulation (GDPR) ambiguity, national diversity and data protection officer certification: Implementing Art. 39(1) GDPR in France, Italy, Luxembourg and Spain Guidance Guidelines 1/2020 on processing personal data in the context of connected vehicles and mobility related applications Literature GDPR Implementation Series ∙ Hungary: Introduction to the GDPR Application and a Brief History of Data Protection Literature GDPR Implementation Series ∙ Spain: Preparations for a New Law on Data Protection to Implement the GDPR Literature GDPR Implementation Series ∙ United Kingdom: Heading Towards Brexit but with a Data Protection Bill Implementing GDPR
Full text
summary
Balancing rights: The judgment relies heavily on the Promusicae judgment to hold that: (1) Access providers which merely provide users with Internet access, without offering other services or exercising any control over the services provided to users, must be regarded as intermediaries under Article 8(3) of Directive 2001/29; (2) under the principle of proportionality, ISPs’ duty of disclosure gives way to users’ privacy rights in this case, where temporary IP addresses must not be stored for the purpose of civil litigations in copyright infringement cases.
¶27 excerpt
The Court inferred from this, in paragraphs 54 and 55 of Promusicae, that Directive 2002/58 – in particular, Article 15(1) thereof – does not preclude the Member States from imposing an obligation to disclose personal data in the context of civil proceedings, nor does it oblige them to impose such an obligation.
¶43 excerpt
Access providers who merely enable clients to access the Internet, even without offering other services or exercising any control, whether de iure or de facto, over the services which users make use of, provide a service capable of being used by a third party to infringe a copyright or related right, inasmuch as those access providers supply the user with the connection enabling him to infringe such rights.
Original document at the source eur-lex.europa.eu