EU Court: VPNs are lawful tools, publishers not liable for copyright bypass

The Court of Justice of the European Union (CJEU) has ruled that VPN providers are not liable for copyright infringement, classifying VPNs as "lawful technical tools." This pivotal decision, handed down in July 2026, emerged from a legal battle concerning the online scholarly publication of Anne Frank's manuscripts.

The case questioned publisher liability when users circumvent geo-blocking with VPNs to access content. The CJEU stated that publishers employing state-of-the-art geo-blocking are not liable if users bypass these restrictions using VPNs. This sets a precedent, affirming that copyright holders cannot claim ineffectiveness of security measures solely due to VPN existence.

The dispute originated from academic institutions publishing a scholarly edition of Anne Frank's diary, using geo-blocking to restrict access from the Netherlands due to ongoing copyright protections there. The copyright holder sued, arguing VPN circumvention made the site accessible to the Dutch public.

However, the CJEU rejected this, emphasizing that the mere possibility of circumvention does not render geo-blocking measures inadequate. This ruling reassures internet users that employing VPNs for privacy or bypassing digital borders is a legitimate use of technology, shielding VPN providers from collateral damage in piracy lawsuits.