Posts Tagged Cologne
A bar to ‘extraterritorial’ EU law. Landgericht Koln refuses to extend ‘right to be forgotten’ to .com domain .
Postcript 11 March 2016 Google have announced a new policy which goes some way to addressing the EU’s concerns. An unusually conciliatory move.
An inevitable consequence of the rulings in Google Spain, Weltimmo and Schrems /Facebook /Safe harbour, is whether courts in the EU can or perhaps even must insist on extending EU data protection rules to websites outside of EU domain. The case has led to suggestions of ‘exterritorial reach’ of Google Spain or the ‘global reach’ of the RTBF, coupled with accusations that the EU oversteps its ‘jurisdictional boundaries’. This follows especially the order or at least intention, by the French and other data protection agencies, that Google extend its compliance policy to the .com webdomain.
The Landgericht Köln mid September (the case has only now reached the relevant databases) in my view justifiably withheld enforcement jurisdiction in a libel case only against Google.de for that is the website aimed at the German market. It rejected extension of the removal order vis-à-vis Google.com, in spite of a possibility for German residents to reach Google.com, because that service is not intended for the German speaking area and anyone wanting to reach it, has to do so intentionally. (See the ruling under 1, para 3 and 4).
I have further context to this issue in a paper which is on SSRN and which is being peer reviewed as we speak (I count readers of this blog as peers hence do please forward any comments).
.com, 28 O 14/14, C-131/12, C-362/14, Case C-131/12, Charter of fundamental rights and freedoms, CJEU, Cologne, Data protection, Data protection authorities, Data protection Directive, Directive 95/46, ECJ, EU, Extraterritoriality, Facebook, Google, Google Spain, http://www.justiz.nrw.de/nrwe/lgs/koeln/lg_koeln/j2015/28_O_14_14_Urteil_20150916.html, Internet, Jurisdiction, koln, Landgericht Koln, Libel, New Technologies, Prism, Privacy, Right to be forgotten, rtbf, safe harbour, Schrems, Search engine, Territorial scope
- ‘Like Dassonville on steroids’. Bobek AG in Rheinland on personality v territoriality, the nature of EU harmonisation, and its links with (as well as historic roots of) conflict of laws and regulatory competition. 29/07/2020
- Avonwick Holdings. The High Court awkwardly on locus damni, and on ‘more closely connected’ in Rome II. 24/07/2020
- CJEU in Novo Banco: confirms mere presence of a natural person’s core immovable asset (the ‘family home’) does not in itself determine COMI (in insolvency). 22/07/2020
- The Hungarian Supreme Court on conduct in litigation resulting in implied choice of law. 21/07/2020
- Forum non and infringing copyright in the air: The Performing Rights Society v Qatar Airways. 20/07/2020
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