ECJ Rules VPN Bypass Doesn’t Nullify Effective Geoblocking for Copyright

The ECJ ruled that publishers' liability depends on geoblocking safeguards, not user VPN workarounds.

On July 9, 2026, the European Court of Justice (ECJ) issued a landmark ruling addressing the liability of publishers when users bypass geoblocking technology using VPNs. The case centered on the Anne Frank Fonds, which holds copyright over certain versions of Anne Frank’s diary in the Netherlands, where protection lasts until 2037.

The dispute arose after cultural and academic institutions published a scholarly edition of the diary online with geoblocking restrictions to prevent access from countries, like the Netherlands, where copyright still applies. However, users were able to circumvent these restrictions using VPN services, which led to allegations of copyright infringement.

Advocate General Athanasios Rantos clarified the Court’s view: “The fact that users manage to circumvent a geoblocking measure put in place to restrict access to a protected work does not, in itself, mean that the entity that put the geoblocking in place communicates that work to the public in a territory where access is supposed to be blocked.” This opinion, echoed in the Court’s ruling, highlights that the liability of publishers hinges on the safeguards they implement, not the fact that users exploit VPNs to circumvent those safeguards.

Legally, the ruling sets a precedent clarifying that effective geoblocking measures are the standard for compliance under EU copyright law. While VPN-based circumvention remains a challenge, it does not by itself undermine a publisher’s liability protections.

For legal professionals advising on digital rights management and media content licensing, this decision underscores the importance of implementing robust geoblocking technologies and policies, rather than attempting to police end-user circumvention technologies.