In the Google Spain and Google Case the CJEU ruled that Directive 95/46/EC applies to Internet search engines having their seat outside the EU if they set up a subsidiary in a Member State to promote and sell advertising space. Furthermore, the court made search engines liable for links to information published or placed on the Internet by third parties. Finally, the Grand Chamber even recognized a fundamental “right to be forgotten”, obliging the search engine operators to remove search results that contain private data. The authors critically analyze the ruling, especially with regard to the envisaged European data protection reform package.
Journal of European Consumer and Market Law