Territorial scope in recent CJEU cases: Google v CNIL / Glawischnig-Piesczek v Facebook – Cathryn Hopkins

9 11 2019

The Court of Justice of the European Union (the “CJEU”) has handed down a few intermediary-related judgments since September alone, and two are considered below. Although one relates to the E-Commerce Directive (the “ECD”) and the other to the Data Protection Direction (the “DPD”)/GDPR, a comparison of the judgments shows an apparently inconsistent approach of the CJEU to the territorial reach of injunctions against internet intermediaries. Read the rest of this entry »





ECJ confirms territorial limitations of ‘the right to be forgotten’ – Iain Wilson and Elisabeth Mason

3 10 2019

On 24 September 2019, whilst the country was focused on the United Kingdom Supreme Court as it ruled that the prorogation of the UK parliament was unlawful, the Court of Justice of the European Union (CJEU or ECJ), handed down judgment in Google LLC, successor in law to Google Inc. v Commission nationale de l’informatique et des libertés (CNIL), C‑507/17, effectively a sequel to the landmark data protection ‘Google Spain’ decision in May 2014. Read the rest of this entry »





The Right To Be Forgotten back in the CJEU: Court Judgments on the territorial scope of de-referencing; and sensitive personal data – Ian Helme

27 09 2019

Following on from the Advocate General Opinions published on 10 January (which I wrote about here), yesterday the Court of Justice released its decisions in two cases concerning internet search engines and the right to be forgotten. Read the rest of this entry »





Regulating Facebook, Google and Amazon is hard given their bewildering complexity – Zac Rogers

18 08 2019

Back in the 1990s – a lifetime ago in internet terms – the Spanish sociologist Manuel Castells published several books charting the rise of information networks. He predicted that in the networked age, more value would accrue in controlling flows of information than in controlling the content itself. Read the rest of this entry »





Google vs. Equustek: Unfortunate Precedent or Positive Development? – Hugh Stephens

19 04 2019

I have written about the case of Google Inc vs Equustek Solutions several times over the past couple of years (for example, herehere, and here). This series of blog posts tracked the evolution of the case. Read the rest of this entry »





Amazon, Facebook and Google don’t need to spy on your conversations to know what you’re talking about – Jason Nurse

27 01 2019

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If you’ve ever wondered if your phone is spying on you, you’re not alone. One of the most hotly debated topics in technology today is the amount of data that firms surreptitiously gather about us online. You may well have shared the increasingly common experience of feeling creeped out by ads for something you recently discussed in a real life conversation or an online interaction. Read the rest of this entry »





The Right To Be Forgotten back in the CJEU: Advocate General Opinions on sensitive personal data and the geographical scope of de-referencing – Ian Helme

11 01 2019

Reconciling the right to privacy and the protection of personal data with the right to information and freedom of expression in the age of the Internet is one of the main challenges of our time.” With these words, Advocate General Szpunar opened the first of two important opinions involving Google and the right to be forgotten he delivered yesterday, 10 January 2019. Read the rest of this entry »





Google and the Right to be Forgotten, Four Case Studies – My Clean Slate

17 10 2018

When dealing with Google, it is good to bear in mind that their erasure policy is both erratic and random.  The Right to be Forgotten seems to depend on the individual who is dealing with a request and whether they have had a good or bad day.  There have been a number of odd – indeed, downright inconsistent decisions over the past six months which illustrate the problem. Learning on the job does not quite capture it. Read the rest of this entry »





Case Law: Lloyd v Google, No compensation for Google data breaches – Rosalind English

13 10 2018

Most of us resignedly consent to the use of cookies in order to use internet sites, vaguely aware that these collect information about our browsing habits in order to target us with advertisements. It’s annoying, but does it do us any harm? That is the question that came up before Warby J in a preliminary application for a representative claim in the case of Lloyd v Google LLC [2018] EWHC 2599 (QB). Read the rest of this entry »





House of Lords Communications Committee Inquiry “The Internet: to regulate or not to regulate?”, An overview of the evidence, Part 1 – Oscar Davies

15 07 2018

The House of Lords Communications Committee has launched an inquiry into how the regulation of the internet should be improved.  Oral and Written evidence has been provided to the Committee by a very wide range of companies, NGOs and individuals from a variety of perspectives.   Read the rest of this entry »