New ruling of the CJEU on the territorial scope of the right to be forgotten

12 Nov 2019

New ruling of the CJEU on the territorial scope of the right to be forgotten. The case arose after Google challenged a €100,000 fine from France’s data protection regulator (CNIL), which ordered the search group to delist material across its global domains, citing the right to be forgotten principle.

The CJEU concluded that the right to be forgotten cannot be applied outside the European Union. That said, the search engine (Google) is required to carry out this request only with respect to the European audience (EU versions of the search engine) where the EU law is applicable. Although the judgment is based on the former Directive 95/46/EC, it seems rather unlikely that such a conclusion would differ dramatically under the GDPR.

The decision might be also seen as against a French effort to force the company and other search engines to take down links globally. Nevertheless, the CJEU also pointed out that there remains a possibility for the Member States´ courts to order a de-referencing concerning all versions of a given search engine in individual cases after weighing of data protection and privacy rights against right to freedom of information.

The full text of the decision is available at https://lnkd.in/g3Qrjms