One, of course, recalls the May 13, 2014 decision of the Court
of Justice of the European Union (CJEU) on the “right to be
forgotten”. As a result, the French Data Protection Authority
(CNIL – Commission Nationale de l’Informatique et des
Libertés) received numerous complaints about Google not
being willing to carry out the delisting. Of the 21 groundless
refusals pointed out by the CNIL, Google finally agreed to carry it
out for 9 of them.
The problem here is not so much about whether Google does or
does not comply with its delisting obligation, but more about
delistings currently being effective only on Google search engines
with a European extension (such as .co.uk, .fr). Google’s
main argument here is that European users do not use
“google.com” that much, but rather the Google search
engine extension for their own country.
CNIL then decided to put Google on notice to proceed with the
delisting of all the requested links on specified Google search
engine extensions, and within a period of fifteen days. This is
necessary for the CJEU decision to be applied accordingly.
It was specified that this notice should not be regarded as a
sanction, but as a warning. If Google complies, the proceeding will
stop; if not, the CNIL will appoint a rapporteur to sanction
The potential sanctions are stated in articles 45 to 49 of the
Act of January 6, 1978:
They “shall be proportional to the severity of the
breaches committed and to the profits derived from said
If it is the first breach, the fine may not exceed 150.000
If there is a second breach, within five years, the fine may
not exceed 300.000 euros.
“The Restricted Committee may make public the sanctions
issued. It may also order their publication in such journals,
newspapers or other media [...]. The Chair of the Commission may
instruct the Bureau (Executive Committee) to make public the formal
order to comply [...]. Once [it] has declared a procedure closed
[...], said closing shall be published under the same conditions as
the formal order to comply”.
The CNIL also added that several articles from the French Penal
Code might lead to a combined 1.500.000 euros fine.
The notice is dated from May 21, 2015 and was published on June
8 in an effort to inform every user, and other search engines,
about the proceeding, and particularly to pressure Google to comply
(meaning that Google apparently did not respond to the CNIL’s
Here is the CNIL’s notice to Google
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
In this article Filippo Noseda examines the impact of the Common Reporting Standards (CRS), based on practical examples of data transfer and data breaches and analysed in the light of general tax law principles.
Four years after the overhaul of European data protection laws began, the final text of the new General Data Protection Regulation (GDPR) was approved in Spring 2016 and the new rules will come into effect on 25 May 2018.
This update is dedicated to covering the latest legislative developments affecting the way data is managed and protected, as well as reporting on the most recent news governing data breaches and industry developments.
The market of the so-called "connected vehicles" has been considerably growing since 2015. According to a recent study by AlixPartners, 78 million of connected vehicles will be commercialized in 2018, generating a EUR40 billion turnover.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).