The Global Reach of the right to be forgotten through the Lenses of the Court of Justice of the European Union

Authors : Hamulak, Ondrej; Vardanyan, Lusine; Kocharyan, Hovsep

DOI :

Volume : 12

Issue : 1

Year : 2021

Page No : 196-211

The paper is devoted to the analysis of the territorial scope of the application of the right to be forgotten, taking into account the case law of the Court of Justice of the European Union (hereinafter – “CJEU”), in particular, the case of Google v. Commission Nationale de l’Informatiqueet des Libertés (CNIL). Despite the prevailing view that in the Google v. CNIL case the CJEU limits the territorial scope of the right to be forgotten, the authors nevertheless tend to believe that the detailed analysis of the Court’s reasoning leads to the opposite conclusion. According to the authors, in this judgment the CJEU does not explicitly restrict the territorial scope of the right to be forgotten, and lays the foundation for the implementation and further development of the global application of this right, which is confirmed in subsequent case law, in particular in the case of Glawischnig-Piesczek v. Facebook Ireland Limited.