Internet and jurisdiction after Google Spain: the extraterritorial reach of the 'right to be delisted'

Abstract

This article evaluates the Google Spain ruling and its implementation from the perspective of public international law. After analysing the ruling itself, an analysis is made of the Article 29 Working Party Guidelines concerning the territorial effect of delisting decisions. The article outlines different ways in which the right to be delisted might be implemented, using case law to identify relevant jurisdictional considerations. The authors conclude that insistence upon global delisting may be justifiable in many cases, but not all.