Spiros Tassis and Margarita Peristeraki
European Networks Law & Regulation Quarterly 3/2014: pp. 244-252
[Case Note]
Annotation on the Judgment of the Court of Justice of 13 May 2014, in
Case C-131/12 Google Spain SL, Google Inc. v Agencia Española de
Protección de Datos (AEPD) and Mario Costeja González
Electronic networks’ governance is becoming increasingly complex and constitutes a field
of conflict between several jurisdictions, particularly the US and the EU. The information
transferred through these networks is vast,mostly unfiltered and flows in an intangible area
defined as “cyberspace”. The Courts’ recent judgment in the Google case aims at setting the
boundaries to what search engine operators can and cannot do in the EU when their activities
have implications to data protection rules, by determining (i) the territorial scope of
such rules, (ii) the characterization of the activity of an internet search engine operator and
(iii) the relevance of the “right to be forgotten” in this context. In a nutshell, the Court found
that when it comes to non-EU based search engine operators, the mere existence of an affiliated
company in the EU that sells ads associated with the search engine giant creates a
presence in this territory and a data processor within the scope of the relevant EU Directive.
full annotation at ENLR
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