Martin MIscia, ‘Google v CNIL and Glawischnig-Piesczek v Facebook: What Remains Beyond the EU’s Reach’

ABSTRACT
This essay offers a six-chapter analysis of two distinct CJEU judgements that were released in late September 2019, viz Google v CNIL (Case C-507/17) and Glawischnig-Piesczek v Facebook (Case C-18/18); while the two judgements were based on distinct legal instruments (respectively, the GDPR and the E-Commerce Directive) and offered remarkably different outcomes, the essay aims at analysing the common thread of extra-territorial application of EU law (respectively the GDPR-based Right to Be Forgotten and provisions on defamation based on the law of EU Member States) in order to determine how the European Union is currently trying to re-shape its principles and address threats to privacy and reputation created by national communities that are becoming increasingly detached from political borders, and therefore capable of relatively unpredictable behaviour.

Miscia, Martin, Google v CNIL and Glawischnig-Piesczek v Facebook: What Remains Beyond the EU’s Reach (October 10, 2020).

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