Wifi and French regulation advise

fred974

fred974

Hi Guys,

I one of my client is offering free wifi to their clients (restaurant) and they have ask me to sort a solution so they comply with the law..
In France, there is a european law (Directive 2006/24/CE) which said as a very small operator (or a big one) we have to keep trace of all connections thrue AP's.
Logs must content the mac and ip adresses of the clients an all request which have been made. For example:
2013/02:01 17:23:42 - - www.google.com

I am planing on using pfsense but I was wondering if anyoene here has got experience with this issue and can provide advise
My AP/Hotspot are Ubiquiti Unifi UAP AC LR and control them via the Ubiquiti controler installed on my FreeBSD server

Thank you
 
fred974 said:
there is a european law (Directive 2006/24/CE) which said as a very small operator (or a big one) we have to keep trace of all connections thrue AP's.
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If I'm not mistaken it's for access providers, i.e. telecom and internet providers. A restaurant providing free wifi service doesn't fall in that category.

Besides that, the European courts invalidated that directive.
 
To my knowledge that regulation got revoked around 2014 because it impacted civil rights and was deemed a violation of those rights. But there's another thing: one could argue that it isn't this company but the Internet provider itself which had to provide the ability to store and retrieve this data, not you.
 
SirDice said:
Besides that, the European courts invalidated that directive.
Click to expand...
Seriously???
Could you please give me more info.
This is what I am working with:
Code: 
Article L34-1 du Code des Postes et des Communications électroniques
"Les  personnes  qui,  au  titre  d’une  activité  professionnelle  principale  ou  accessoire, offrent   au   public   une   connexion   permettant   une   communication   en   ligne   par l’intermédiaire d’un accès au réseau, y compris à titre gratuit, sont soumises au respect des dispositions applicables aux opérateurs de communications électroniques."
Bing Translation
Code: 
"Individuals who, as part of an accessory or principal professional activity, offer to the public a connection allowing communication online through access to the network, including free of charge, are subject to compliance with the provisions applicable to electronic communications operators."
 
In any case, it's probably best to talk to a lawyer regarding this subject. The French may have their own laws and regulations. You can probably circumvent the whole legal aspect of it by hiring a company that provides the wifi access. In the Netherlands for example you can hire KPN to provide the wireless access. This has several plus points, the most important one is that the restaurant isn't legally liable when something happens. Another bonus is that you don't have to maintain the hardware, internet access, etc.
 
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