Some reflections on the territorial scope of the right to erasure

Abstract

The “right to erasure”, or “right to be forgotten”, enshrined in Article 17 of the GDPR, can be enforced against search engine operators as controllers of personal data. In its judgment in Case C-507/17, the CJEU concluded the limited geographical scope of this right, enforceable in the territory of the European Union, without, however, closing the door to a possible worldwide extension in exceptional circumstances. This paper is dedicated to the analysis of the spatial scope of the right to be forgotten and proposes an alternative reading of the issue from the perspective of private international law.