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Part 3 · Infringements of Rights by Users › Section 7

Limited liability

(1) Articles 4 to 8 of Regulation (EU) 2022/2065 apply to all service providers, including public bodies, regardless of whether a charge is made for the use.
(2) Service providers who make internet access available to users via a wireless local area network may not be required by an authority to
1. before granting access,
a) collect and store users' personal data (registration), or
b) require the entry of a password, or
2. permanently discontinue offering the service. Service providers may, however, on a voluntary basis, identify users, require the entry of a password, or take other voluntary measures.
(3) Where service providers are not liable under Article 4 of Regulation (EU) 2022/2065, they also cannot be held liable for damages, or for the removal or cessation of an infringement of rights, on account of an unlawful act of a user; the same applies with regard to all costs of asserting and enforcing these claims. The first sentence does not apply where the service provider deliberately collaborates with a user of its service to commit unlawful acts.
(4) Paragraphs 2 and 3 also apply to service providers where the service is provided free of charge or by a public body.

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