Van Oyen, Lange and Kreinsen, ‘The Right to Be Forgotten in Germany’

“The right to be forgotten (‘RTBF’) was first discovered in the hallmark case of Google Spain v Agencia Española de Protección de Datos and Mario Costeja González by the European Court of Justice (‘ECJ’) on the basis of Directive 95/46 as a right to erasure, and is now codified in the General Data Protection Regulation (‘GDPR’), thus forming part of the national legislation of every European Union (‘EU’) Member State. However, the RTBF has long existed in one form or another in German case law and legislation. While the term ‘RTBF’ as such did not exist before Google Spain and has since then slowly gained recognition in German legal discussions, some sort of terminological framework for a RTBF was already in place during the early 1970s …”

Jan Smits Van Oyen, Michiel Lange and Solveig Kreinsen, The Right to Be Forgotten in Germany, European Review of Private Law, volume 30, issue 2 (2022) pp 291-314.

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