In a first-of-its-kind ruling, a Spanish court has labeled VPN services as “technological intermediaries,” ordering them to actively block IP addresses that host illegal LaLiga matches. The “dynamic” injunction compels NordVPN and ProtonVPN to intervene, similar to local ISPs. But with both companies operating outside EU jurisdiction with privacy-centric business models, it remains unclear if and how the order will actually be enforced.
The order is unenforcable. Spanish courts have no jurisdiction over companies registered in other countries. It’s one of the most basic legal concepts, for order to be valid court must have jurisdiction over all parties.
Proton complies with court orders in other countries. Specifically, and of note, they handed over the identification of an activist due to French court rulings. There have been a number of others surfaced over the years.
Of course. Companies have to comply with valid orders, but not every order is legally valid. In this case, neither of the VPN companies were ever valid parties over which court established jurisdiction, making the ruling technically void.
Outside of that, in Proton case specifically, all foreign orders have to be recognised by a Swiss court to become enforceable. It’s one of the claimed reasons for them incorporating the company in Switzerland in the first place.
This is absolutely true, at the moment. There seems to be a rather disturbing trend toward the erosion of privacy. I worry that this will get chipped away over time.
They have jurisdiction over companies doing business in Spain…
Not true. Business courts only have jurisdiction over companies domiciled in Spain or wider-EU under certain circumstances. Neither ProtonVPN nor NordVPN are domiciled in Spain or EU.
But even if we ignore that, the fact that the order issused inaudita parte is another procedural grounds to void the order.
Okay then, how is the EU able to coerce American companies like Google, Apple, Meta, Xitter, etc. into complying with their laws?
European Commission =/ Spain business court
It doesn’t matter. Your argument is based on jurisdiction, so why does EU have jurisdiction over foreign nations operating in their region and Spain doesn’t?
What a good question. Please do some research and learn the difference.
That’s what I thought.
It’s not the same; these companies have data centers and offices in the EU