// Netherlands · Right to be forgotten

UK resident's right-to-be-forgotten claim dismissed over jurisdiction dispute

Rechtbank Amsterdam · 15 July 2021

ECLI:NL:RBAMS:2021:3670

The case

A UK resident requested removal of six URLs from Microsoft Bing search results based on the right to be forgotten. The court declared itself incompetent as the applicant could not sufficiently demonstrate that his center of interests is in the Netherlands, despite his involvement with Dutch companies.

What the court considered

01Dutch court lacks jurisdiction as applicant failed to prove his center of interests is in the Netherlands
02Applicant resides in UK and could not sufficiently demonstrate that his professional activities are primarily in the Netherlands
03Neither Brussels I bis Regulation nor Article 79(2) GDPR provides jurisdiction for Dutch court
04Microsoft is established in Ireland and applicant does not have his habitual residence in the Netherlands

What this means in practice

Persons resident outside the Netherlands who wish to pursue the right to be forgotten cases against foreign search engines must demonstrate with great care that their principal activities or interests are located in the Netherlands, otherwise they must pursue their legal case abroad. This ruling clarifies the jurisdiction rules for international right to be forgotten cases and imposes strict requirements on the proof of the 'centre of interests'.

Legal basis

Artikel 17 AVG (vergeetrecht)
Artikel 79 lid 2 AVG (bevoegdheid)
Brussel I bis-Verordening artikel 4 en 7
Artikel 3 Wetboek van Burgerlijke Rechtsvordering

Right to be forgotten

Related rulings

// GET IN TOUCH

Free Case Assessment

Describe your situation and receive a free assessment of your chances, estimated hours, and recommended approach, within 48 hours.

Free & no obligation

Response within 48 hours

Over 90% of our requests granted

600+ cases handled

Your data is treated confidentially