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Google v. CNIL: The Territorial Scope of the Right to Be Forgotten Under EU Law

Insight

Abstract: This Insight provides a critical analysis of the judgment of 24 September 2019, Google Inc. v. Commission nationale de l’informatique et des libertés (CNIL), case C-507/17, which clarified the territorial scope of the right to be forgotten under current EU law by holding that it only applies within EU borders. Although...

The Issue of Data Protection in EU Trade Commitments: Cross-border Data Transfers in GATS and Bilateral Free Trade Agreements

Insight

Abstract: The rapid technological developments and the increasing data flows have not yet been addressed through global coordination. The WTO has so far played a minor role, failing to update its treaties to the new reality of digital trade. To reduce the uncertainty as to the economic and privacy-related impacts of cross-border data flows,...

The Territorial Scope of the Right to Be Forgotten Online in the Opinion of the Advocate General on the Case Google CNIL

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Keywords: right to be forgotten – privacy – freedom of expression – territorial scope – internet – State sovereignty.
 

On 10 January 2019, the Advocate General of the CJEU delivered his opinion on a new controversial case on the right to be forgotten online (RBF).[1]...

Riflessioni a margine della sentenza della Corte di giustizia nel caso AMP Antarctica: un approccio più morbido a favore degli Stati membri?

Insight

Abstract: In November 2018, the Court of Justice ruled on the so-called Antarctica case (judgment of 20 November 2018, joined cases C‑626/15 e C‑659/16, Commission v. Council) on two actions of annulment brought by the Commission against Council decisions approving the submission to the Commission for the Conservation of Antarctic...

Suing the European Union in the UK: Tomanović et. al. v. the European Union et. al.

Insight

Abstract: In its judgment of 13 February 2019 in the case of Tomanović et.al. v. the European Union et.al., the English High Court of Justice dismissed several claims based on human rights violations by EULEX Kosovo. Although the High Court’s dismissal was ultimately based on the lacking incorporation of the Treaty provisions on the Common...

The Empire Strikes Back: The Council Decision Amending Protocols 1 and 4 to the EU-Morocco Association Agreement

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Abstract: This Insight focuses on the newly adopted Council Decision amending Protocols 1 and 4 to the EU-Morocco Association Agreement which extends the territorial scope of the Association Agreement to expressly include Western Sahara. The purpose of this Insight is to assess the compatibility of the Council Decision with...

I recenti interventi della Corte di giustizia a tutela della rule of law in relazione alla crisi polacca

Insight

Abstract: The mechanism set up by Art. 7, para. 1, TEU has been activated against Poland on 20 December 2017. Nevertheless, Poland did not comply with the recommendations given by the European Commission, focused on the lack of judicial independence due to a recent reform that provoked the forced anticipated retirement of 27 judges sitting in the...

“In Between Seats”… The Conseil constitutionnel and the CETA

Insight

Abstract: On 26 July 2017, the Conseil constitutionnel ruled upon the compatibility of an EU (mixed) agreement with the French Constitution. Its decision, which concerned the EU-Canada Comprehensive Economic and Trade Agreement (CETA), clarifies, from a national constitutional law perspective, the room of manoeuvre of the national judge...

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