GOOGLE LLC – Court Ruling (Netherlands, 2025)

The data subject was a Dutch real estate entrepreneur who was criminally convicted. Google (the controller) was the operator of the internet search engine Google Search. When the name of the data subject was searched on the controller's search engine, results included an URL that referred to an article, in which it was stated, among other things, that they had criminal convictions. The data subject filed a complaint against the publisher of the article with the Netherlands Press Council, and the Press Council rejected the complaint, ruling that the publication did not violate the data subject’s privacy rights. Also, the data subject sent multiple requests to the controller to remove the URL linking to the article, and the controller rejected all of these requests. Finally, the data subject asked the court to order the controller to remove the specific URL that links to this article from its search results when someone searches for their name. The data subject stated that the article contained old and inaccurate information, and that it was harmful for their reputation and their ability to do business. They also stated that there was no strict public need for these details to remain accessible, and the controller lacked overriding legitimate grounds for processing this data. The court rejected the data subject’s request to remove the URL from the controller, finding that they failed to prove that a substantial portion of the information was manifestly inaccurate. The court clarified that the processing of personal data by a search engine is justified under Article 6(1)(f) GDPR, and that Article 17 GDPR grants a right to erasure only if processing is incompatible with the GDPR. Article 17(3)(a) GDPR makes clear that the right to removal does not apply when processing is necessary for freedom of expression and information, requiring a balancing test between with the data subject’s right to privacy and data protection. Article 21 GDPR allows individuals to object