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On a proper construction of Article 12(b) and subparagraph (a) of the first paragraph of Article 14 of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and of Article 17(1) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 (General Data Protection Regulation), where a search engine operator grants a request for de-referencing pursuant to those provisions, that operator is not required to carry out that de-referencing on all versions of its search engine, but on the versions of that search engine corresponding to all the Member States, using, where necessary, measures which, while meeting the legal requirements, effectively prevent or, at the very least, seriously discourage an internet user conducting a search from one of the Member States on the basis of a data subject’s name from gaining access, via the list of results displayed following that search, to the links which are the subject of that request.
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Google LLC, successor in law to Google Inc. v. Commission nationale de l’informatique et des libertés (CNIL) Directive 95/46/EC, Arts. 12(b), 14; Regulation (EU) 2016/679, Art. 17(1). “Google v. CNIL”. IIC 51, 383 (2020). https://doi.org/10.1007/s40319-020-00916-z
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DOI: https://doi.org/10.1007/s40319-020-00916-z