Missed Opportunity: Dutch Supreme Court copy-pastes Google Spain Judgment – Jens van de Brink

6 05 2017

In a judgment dated 24 February 2017 the Dutch Supreme Court followed the grounds (of: considerations) of the Google Spain judgment of the EU Court of Justice regarding the right to be forgotten.  Read the rest of this entry »

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The French Court Case That Threatens to Bring the “Right to be Forgotten” Everywhere – Nani Jansen Reventlow

27 04 2017

A court case in France might drastically change what information individuals can access online. The case is pending before the French Council of State—France’s highest court—and concerns a “right to be forgotten” dispute between Google and the French data protection authority, CNIL. Read the rest of this entry »





Communicating Responsibilities: The Spanish DPA targets Google’s Notification Practices when Delisting Personal Information – David Erdos

21 03 2017

The Court of Justice’s seminal decision in Google Spain (2014) represented more the beginning rather than the endpoint of specifying the European data protection obligations of search engines when indexing material from the web and, as importantly, ensuring adherence to this.  Read the rest of this entry »





France’s highest administrative court urged to make a reference for a preliminary ruling in relation to right to be forgotten requests – Mathilde Groppo

9 02 2017

conseiletatIn May 2016, Google was reported to have unsuccessfully appealed against the French highest administrative court, the Conseil d’Etat, over a ruling that the decision in Google Spain requires delisting on all versions of the search engine, including google.com. A new episode of the battle over the interpretation of right to be forgotten requests is now taking place between data subjects and the French Data Protection Authority, CNIL. Read the rest of this entry »





Case Law, CJEU: VKI v Amazon, Which data protection and consumer law applies to Amazon? – Lorna Woods

24 08 2016

amazonThe recent CJEU judgment in VKI v Amazon (C-191/15) concerns jurisdiction both in the context of conflict of laws (applicable consumer laws) and the Data Protection Directive. Essentially, the Court of Justice had to decide which Member State’s data protection law should apply where goods are sold across national borders but within the EU. In this, it forms part of a stream of case law (both decided and pending), dealing with the powers of states (and their institutions) to protect those within their boundaries notwithstanding the digital internal market. Read the rest of this entry »





Case Law, Belgium: Olivier G v Le Soir. “Right to be forgotten” requires anonymisation of online newspaper archive – Hugh Tomlinson QC

19 07 2016

lesoir_363x242In the case of Olivier G v Le Soir (29 April 2016, n° C.15.0052.F [pdf]) the Belgian Court of Cassation decided that, as the result of the “right to be forgotten”, a newspaper had been properly ordered to anonymise the online version of a 1994 article concerning a fatal road traffic accident. Read the rest of this entry »





Case Law, France: X v Google France and Google Inc, Court orders “delisting” of story alleging links to a sex scandal

17 06 2016

0901_google_BIGIn the case of X v Google France and Google Inc (Judgment of 13 May 2016), the Tribunal de grand instance de Paris ordered Google Inc to remove a link to a URL of a blog accusing the applicant of being linked to a sex scandal. Read the rest of this entry »