CJEU Rules VPN Providers Not Liable When Users Bypass Geo-Blocks
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Key Takeaways
- CJEU VPN copyright ruling: Court says VPN providers aren't liable when users bypass geo-blocks for copyrighted content.
- Publishers also protected: State-of-the-art geo-blocking remains sufficient even if users circumvent restrictions using VPNs.
- Privacy tools reaffirmed: Judgment recognizes VPNs as legitimate tools without making them responsible for user actions.
The Court of Justice of the European Union (CJEU) has ruled that VPN providers cannot be held responsible for copyright infringement when users bypass geographical restrictions using virtual private networks (VPNs). The decision also states that publishers are not liable if they use modern geo-blocking measures and users choose to circumvent them.
The judgment was issued on July 22, 2026, in a case concerning the online publication of Anne Frank's manuscripts.
Court Rejects Copyright Claim Over VPN-Based Geo-Block Bypass
The dispute began after academic institutions in Belgium and the Netherlands published a free scholarly edition of Anne Frank's manuscripts online. Because parts of the work remain protected by copyright in the Netherlands until 2037, the institutions restricted access for users in the country through geo-blocking.
The Anne Frank Fonds, which holds the Dutch copyright, argued that the publishers were still making the material available to Dutch users because people could access it by using VPN software to bypass the location-based restrictions.
However, the CJEU rejected that argument. The court found that publishers using "state-of-the-art" geo-blocking technology cannot be held liable simply because some users decide to work around those restrictions with VPNs.
CJEU Says VPN Availability Does Not Make Geo-Blocking Ineffective
In its judgment, the court stated that the possibility of bypassing geo-blocking "cannot, in itself and in all circumstances, be a decisive factor" in determining whether those protective measures are inadequate or ineffective.
The ruling confirms that the existence of VPN services alone does not automatically undermine copyright protection or make publishers responsible for users' actions.
Why the Decision Matters for VPN Users
The judgment affects publishers, copyright holders, VPN providers, and internet users across the European Union. It confirms that VPN providers are not liable for copyright infringement simply because their software can be used to bypass regional access restrictions.
For VPN and privacy users, the ruling reinforces that VPNs are recognized as legitimate privacy tools and that their existence alone does not invalidate geo-blocking measures. The decision has been verified through the official judgment of the Court of Justice of the European Union.
The ruling provides legal clarity on the role of VPN services in copyright-related disputes within the EU.
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