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// Netherlands · Right to be forgotten

Businesswoman's bid to remove Google search results on university contract disputes rejected by court

Rechtbank Midden-Nederland ·

ECLI:NL:RBMNE:2017:6893

Read the ruling at rechtspraak.nl

The case

A businesswoman requested Google to remove search results linking her to alleged conflicts of interest in contract awards by a university. The court denied the request as the search results were not inaccurate, irrelevant or excessive and concerned legitimate news reporting about her professional activities.

What the court considered

  • 01The search results are not inaccurate, irrelevant or excessive - they concern legitimate news reporting about applicant's professional activities
  • 02The PwC report does not demonstrate absence of conflict of interest - the report's conclusion is not supported by its content
  • 03Applicant and her companies were actively involved in the issues reported in the articles
  • 04Google could reasonably reject the removal request as the requirements of Article 36 Personal Data Protection Act were not met

What this means in practice

For businesses and professionals, this means they do not automatically have the right to removal of negative but accurate news reports. The right to be forgotten does not provide protection against legitimate, accurate reporting on professional activities, even if such reporting causes reputational damage. This ruling demonstrates the strict application of the criteria for the right to be forgotten and emphasizes that freedom of information carries significant weight in legitimate news reporting on professional activities.

Legal basis

  • Artikel 36 Wbp
  • Artikel 40 Wbp
  • Artikel 8 sub f Wbp
  • Artikel 7 en 8 Handvest van de grondrechten van de Europese Unie
  • Artikel 11 Handvest van de grondrechten van de Europese Unie
Right to be forgotten

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