The right to be forgotten

At Navas & Cusi, we are well aware that new technologies and the constantly updating digital era allow us to be connected and to carry out commercial and information operations at great speed.

Despite this, the technological era means the opening of a new front of threats to privacy, which requires legal coverage, effective regulation, and the defense of the right to be forgotten.

Our clients, like other companies, devote a lot of effort to maintaining a positive online reputation, and this is something that has not yet made small businesses in Spain aware of, as our reality shows that only 10% of SMEs are interested in what is happening on the internet with respect to their brand and, of these, only 1% are aware that they can claim the right to be forgotten on the internet.

The image of a brand or company on the internet is the order of the day due to the consequences that they could suffer in terms of their reputation through defamatory comments on blogs, forums, etc… Directly related to this is the recent and revolutionary Judgment of the Court of Justice of the European Union of May 2014, which recognizes and configures what is already known as the RIGHT TO BE FORGOTTEN on the internet.

And based on the above, if there is no configuration and regulation of this new right, the damage to a trademark can be very serious,

the damage to a brand can be very damaging.

By the right to be forgotten, we understand the right to prevent the dissemination of precise information about a natural or legal person on the internet in the event that their web publication does not meet the requirements set out in the law. Therefore, we are dealing with the right of any person to delete or block any personal information that he or she considers inappropriate or obsolete.

It is considered that it may affect the right to free expression or the exercise and development of the citizen’s fundamental rights. It should be noted that the right is protected even when the original publication is legitimate since the information that has no relevance or interest could produce an injury to their fundamental rights.