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The EU 'Right to Be Forgotten' Google Judgment
In mid-May, the European Union's highest court, the European Court of Justice, handed down a controversial landmark ruling in a matter commonly referred to as the “right to be forgotten” case, concerning Google. The core of the case concerns the obligations of search engine operators under the EU Data Protection Directive. But at a wider level, the ruling's ramifications go beyond the EU, as it imposes extra-territorial privacy obligations on U.S. businesses. U.S. corporate counsel therefore need to be aware of the legal compliance impact that it may have on U.S. businesses.
Background
The background to the case is straightforward enough. In 2010, a complaint was lodged by a Spanish national, Mario Costeja Gonz'lez, with the Agencia Espa'ola de Protecci'n de Datos (“the Spanish Data Protection Agency”) against La Vanguardia Ediciones SL (“La Vanguardia”), a Spanish newspaper publisher, and two companies, Google Spain and Google Inc. Mr. Costeja Gonz'lez was unhappy that when Internet users entered his name into the Google search engine, the list of results would display links to two pages of La Vanguardia dated January and March 1998. Those particular two pages contained an announcement for a real-estate auction organized following attachment proceedings for the recovery of social security debts owed by Mr. Costeja Gonz'lez. According to Mr Costeja Gonz'lez, these proceedings had been fully resolved a number of years ago and so reference to them was now consequently entirely irrelevant.
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Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
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