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On Sept. 24, 2019, the Court of Justice of the European Union (CJEU) decided that the “right to be forgotten” does not require a search engine operator to carry out de-referencing on non-EU member state versions of its search engine. The case relates to a penalty of €100,000 that the French data protection authority, CNIL, had imposed on Google in March 2016. In granting a de-referencing request, the search engine – on free speech grounds – declined to apply the de-referencing worldwide to all domain-name extensions of its search engine. Arguing for global freedom of expression, Google appealed the penalty and filed an application for the annulment of CNIL’s decision with the French Council of State. The French court then referred several questions concerning the territorial scope of the “right to be forgotten” to the CJEU for preliminary ruling.

The CJEU reviewed the case both under the former Data Protection Directive 95/46/EC (Privacy Directive) and the General Data Protection Regulation (GDPR), which replaced the Privacy Directive on May 25, 2018.

Click here for the full GT Alert, which discusses the CJEU ruling.

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Photo of Carsten A. Kociok Carsten A. Kociok

Carsten Kociok focuses his practice on the technology industry. He has broad experience in the areas of Internet, information technology, electronic and mobile payments and new media, as well as regulatory and data protection law issues.

Carsten advises national and international companies from

Carsten Kociok focuses his practice on the technology industry. He has broad experience in the areas of Internet, information technology, electronic and mobile payments and new media, as well as regulatory and data protection law issues.

Carsten advises national and international companies from the Internet, payments and technology industries on the commercial and regulatory side of their business, in particular in the areas of e-commerce and e-business, electronic and mobile payments, service distribution, franchising, outsourcing and technology transactions. This includes all aspects of e-money and payments law, financial services law, data protection and data security regulations, money laundering obligations as well as marketing, unfair competition, consumer protection and general contract law.

Prior to joining the firm, Carsten worked at Olswang for eight years and in the Capital Transaction Practice Group of an international law firm in New York.

Photo of Greenberg Traurig Greenberg Traurig

Willeke Kemkers is a member of the IP / Tech department of Greenberg Traurig’s Amsterdam office. She focuses on a broad range of intellectual property issues, including proceedings, drafting of (commercial) contracts and providing of advice regarding transactions (mergers and acquisitions). Willeke also

Willeke Kemkers is a member of the IP / Tech department of Greenberg Traurig’s Amsterdam office. She focuses on a broad range of intellectual property issues, including proceedings, drafting of (commercial) contracts and providing of advice regarding transactions (mergers and acquisitions). Willeke also has deep knowledge of EU e-commerce regulations and regularly counsels clients with respect to the interpretation and application of the relevant laws.

Furthermore, Willeke counsels clients on a wide range of privacy issues such as data processing agreements, cross-border transfers of data, privacy policies and data breaches. With respect to the coming into force of the GDPR, Willeke prepared clients from many different industries (transport, medical, legal) to be GDPR compliant.

Willeke also has experience with drafting and reviewing of IT contracts including hosting (cloud), outsourcing (SaaS, Iaas and Paas) and IT development contracts.