CJEU - C-460/20 - TU, RE v Google
CJEU rules on Google's de-referencing obligations under GDPR.
The Court of Justice of the European Union (CJEU) clarified Google's obligations regarding de-referencing search results under Article 17(3)(a) GDPR. In a case involving TU and RE, who requested de-referencing of news articles critical of their companies, the CJEU held that the search engine's processing is distinct from the original publication. The court emphasized balancing data protection with freedom of expression, stating that individuals requesting de-referencing must demonstrate the manifest inaccuracy of the information, and search engines are not obligated to assess the legality of original publications or delete thumbnails if a link to the source exists.
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The lesson from this incident
Full lessonThe CJEU ruling in C-460/20 establishes that search engines like Google have distinct data processing responsibilities separate from original publishers, meaning they cannot simply defer to a publisher's editorial decisions when handling de-referencing requests under GDPR Article 17. Critically, the burden of demonstrating 'manifest inaccuracy' of information falls on the individual requesting removal, not the search engine. This matters because organizations acting as data processors or controllers must understand their specific legal obligations under GDPR, including the right to erasure, and implement clear, auditable workflows to evaluate and respond to such requests. Failure to properly handle de-referencing requests — or misunderstanding the scope of one's role — exposes organizations to regulatory scrutiny and reputational risk.