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September 25, 2019

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鈥楻ight to be forgotten鈥 only affects Google in EU

Google is not required to apply an EU 鈥渞ight to be forgotten鈥 to its search engine domains outside Europe, the EU鈥檚 top court ruled yesterday in a landmark decision.

The European Court of Justice handed victory to Google in the case, seen as crucial in determining whether EU online regulation should apply beyond Europe鈥檚 borders or not. 

The US Internet giant had argued that the removal of search results required under EU law should not extend to its google.com domain or its other non-EU sites.

The court ruled that, while a search engine operator such as Google must carry out 鈥渄e-referencing鈥 of links as demanded by a regulator or court in an EU state to all European versions of its sites, that 鈥渞ight to be forgotten鈥 did not need to go further.

But it did stress that de-referencing on EU sites must include measures to 鈥渟eriously discourage鈥 a European Internet user being able to get around the 鈥渞ight to be forgotten鈥 by accessing unrestricted results from a search engine on a non-EU domain.

That demands 鈥済eo-blocking,鈥 which Google says it already uses effectively in Europe. 

But it was unclear the legal battle over the issue is entirely over. The French data regulator CNIL, whose fight since 2014 to have Google apply the 鈥渞ight to be forgotten鈥 to all its search domains sparked the EU court case, reacted by saying the ruling did not expressly prevent it demanding worldwide de-referencing.

CNIL also said it was up to France鈥檚 highest court to deem whether Google鈥檚 geo-blocking technology was sufficient.


 

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