# LSG-GESELLSCHAFT ZUR WAHRNEHMUNG VON LEISTUNGSSCHUTZRECHTEN GMBH V. TELE2 TELECOMMUNICATION GMBH, 19.Feb.2009 (“Tele2”)

- Type: Case Law
- Source: CJEU
- Date: 2009-02-19
- Original: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62007CJ0557
- Canonical: https://overview.legal/posts/5980
- Topics: Telecommunications, IP Address, Personal Data, Minors, Right of Access, Human Resources

## 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

## Full text

## Court 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.

## Excerpt

27      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      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.

## Cited law provisions (2)

### GDPR — gdpr-art-8-par-3-en

Paragraph 1 shall not affect the general contract law of Member States such as the rules on the validity, formation or effect of a contract in relation to a child.

### GDPR — gdpr-art-15-par-1-en

The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information:

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