// Netherlands · Right to be forgotten
Dutch marketing professional loses bid to scrub fraud allegations from Google search results
Rechtbank Limburg ·
ECLI:NL:RBLIM:2022:6330
The case
A Dutch marketing professional requested Google to remove search results linking to South African wanted notices in which he was sought in connection with fraud at investment fund Electio. The court denied the request because the public interest in warning information about his business activities outweighs his privacy rights, and because it was not proven that the information is incorrect.
What the court considered
- 01Applicant failed to prove that the information in search results is incorrect - the fraud investigation and wanted notice are factually accurate
- 02Public interest in accessing relevant warning information about applicant's business activities outweighs his privacy interests
- 03The information concerns applicant's professional capacity as a marketing professional and serves a legitimate warning function for potential business partners
- 04The messages are less than five years old and therefore still current, moreover applicant is still active in the marketing industry
- 05One URL was rejected because applicant had never previously submitted a removal request to Google for this content
What this means in practice
Companies and professionals must recognize that negative but factually accurate reporting on their business activities is difficult to remove from search results, particularly when the public has an interest in remaining informed. It is essential to first file a formal removal request with the search engine before legal proceedings can be initiated. This ruling clarifies that the right to be forgotten is not an absolute right and that business reputational damage alone is insufficient grounds for removal if there is a legitimate public interest in the information. It also emphasizes the importance of following the correct procedural sequence.
Legal basis
- Artikel 17 AVG
- Artikel 21 lid 1 AVG
- Artikel 6 lid 1 sub f AVG
- Artikel 35 Uitvoeringswet AVG
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