Right to be forgotten: stricter obligations for Google

Google will have to amend its procedures and forms to enable users to provide the documentation in support of their request for de-indexing. The web giant will also be obliged to justify, on the basis of an assessment of the documents submitted by the data subject, any refusal, so that the data subject can immediately understand the reasons for the refusal. All of this must be done by 15 November 2026, failing which a substantial financial penalty will be imposed for each day’s delay in complying with the order.

This was ruled by the Court of Milan (order 3127/2026), which upheld the collective injunction brought by certain members of the Algopolio association against Google LLC, Google Ireland Limited and Google Italy Srl. The ruling criticises the way in which Google handles users’ requests to exercise the right to be forgotten, as provided for in Articles 17 and 21 of EU Regulation 2016/679 (GDPR).

According to the applicants, their requests – which were substantiated within the limits of the form – were rejected ‘out of hand’ with automated and impersonal replies. These are criticisms with which the Court agrees. Whilst it is true, in fact, that in response to a request for de-indexing, the operator of the search engine must balance conflicting interests, it is also true ‘that the latter – as stated in the order – must be in a position to carry out such an assessment, which means that it must have access to all the relevant information for that purpose’. And this is not currently the case. This is because the form is designed in such a way as to prevent the submission of supporting documentation for requests. Hence the incompleteness of the responses to requests for de-indexing sent by Google, which do not allow one to understand the reasons behind the rejection of the request.

However, the appellants’ argument that, in order to guarantee the effective right to de-indexing, Google cannot simply remove the URL but must remove the information in its entirety, is not upheld. Indeed, the operator of a search engine cannot be expected to bear the burden of verifying which of the links that appear after entering a keyword lead to results similar to those accessible via the link covered by the de-indexing order. 

Google has issued a statement through a spokesperson, announcing an appeal against the Milan Court’s decision. ‘We have invested significantly in dedicated teams who meticulously examine each case to fulfil our legal obligations and balance the privacy of individuals with the public’s right to information. Our review process is rigorous, compliant with regulations and fair. We will resolutely defend our actions in the relevant courts.”