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Right to be Forgotten

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Right to have personal data erased under certain conditions

187 linked items 7 Laws49 Case Law40 Guidance52 Enforcement22 News

Overview

27 sources · Sep 25, 2026

Legal Framework

The right to be forgotten is codified in Article 17 GDPR, which grants data subjects the right to obtain erasure of their personal data under six enumerated grounds. The controller must act "without undue delay" once any ground applies — whether the data are no longer necessary, consent is withdrawn, the data subject objects under Article 21, the processing was unlawful, a legal obligation requires erasure, or the data were collected in connection with information society services offered to a child.

"The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:"
— GDPR Art. 17(1)

Where the controller has made personal data public and is obliged to erase it, Article 17(2) extends the obligation to take reasonable steps — including technical measures — to inform other controllers processing links to or copies of that data. Article 19 GDPR separately requires the controller to notify each recipient to whom the data were disclosed:

"The controller shall communicate any rectification or erasure of personal data or restriction of processing carried out in accordance with Article 16, Article 17(1) and Article 18 to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort."
— GDPR Art. 19

Article 15(1)(e) ties these rights together by requiring controllers to inform data subjects of the existence of the right to request erasure when responding to access requests.

Key Developments

The CJEU has repeatedly confirmed the structure of Article 17 in cases including GC and Others v CNIL, Österreichische Datenschutzbehörde v CRIF, and X v Russmedia Digital SRL, though the precise contours of when erasure must override other interests remain actively tested. Enforcement authorities have not hesitated to act where controllers obstruct erasure requests. In the Spanish DPA's action against Kutxabank, the authority investigated a bank that effectively blocked a former customer from opening a new account because of a prior erasure request, requiring the data subject to "unblock" data to proceed. In the Google LLC case, the AEPD found that automatic transmission of data subjects' information to the Lumen project — without any opportunity to object — undermined the right to erasure, and the DPA specifically found that Google "did not sufficiently enable data subjects to exercise their right to erasure of their data."

"the DPA also found that Google did not sufficiently enable data subjects to exercise their right to erasure of their data."
— Spanish DPA (AEPD), Google LLC §2

Status of the Debate

This topic is contested in court. While the CJEU has consistently reaffirmed the textual structure of Article 17, the boundaries — particularly the balance between erasure and competing interests such as freedom of expression, archiving in the public interest, and the extraterritorial reach of delisting obligations — remain actively litigated. The EDPB's Guidelines 5/2019 on the search engines cases and Opinion 39/2021 on whether supervisory authorities may order erasure ex officio illustrate that even the question of whether erasure requires a data-subject request is not fully settled:

A definitive CJEU ruling on the ex officio erasure question would resolve the open debate on whether Article 58(2)(g) can independently ground an erasure order.

Practical Guidance

  • Map each processing activity to a retention trigger: For every dataset, identify which of the six Article 17(1) grounds could activate erasure and build automated retention schedules that execute deletion when the trigger fires (e.g., consent withdrawal, purpose exhaustion).
  • Build downstream notification workflows: Article 19 requires communicating erasure to all recipients of the data. Maintain a current register of disclosures so that notification can be executed without disproportionate effort.
  • Do not condition erasure on counter-obligations: The Kutxabank enforcement demonstrates that blocking a data subject's future interactions because of a prior erasure request attracts regulatory action. Erasure must be clean and unconditional.
  • Assess public-data takedown obligations under Article 17(2): Where personal data has been published, document the reasonable technical steps taken to inform downstream controllers of links or copies — and record the cost-benefit analysis that informed those steps.
  • Ensure objection mechanisms are functional at all times: The Google enforcement shows that coupling data transfers to mandatory conditions without an opt-out path undermines both the legal basis and the erasure right simultaneously.
Everything on this topic ranked by relevance · links go to the exact provision / paragraph / section
Guidelines 5/2019 criteria of the Right to be Forgotten in the search engines cases under the GDPR (part 1) Guidelines ·EDPB Guidance EDPB Jul 2020 Right to be Forgotten criteria

Why here The document is entirely dedicated to the criteria for applying the right to be forgotten in search engine cases.

the text this rests on
this document aims to interpret the Right to be Forgotten in the search engines cases in light of the provisions of Article 17 GDPR

assessed by deepseek/deepseek-v4-flash-0731 · 28 Aug 2026

rec 66 Recital 66 — right to erasure online environment Laws GDPR Apr 2016 Extended online erasure duties

Why here The recital directly addresses online erasure and extends the controller’s obligations to informing other controllers so they erase links, copies or replications.

the text this rests on
To strengthen the right to be forgotten in the online environment, the right to erasure should also be extended

assessed by openai/gpt-6-luna · 8 Oct 2026

rec 65 Recital 65 — data subject rectification and erasure rights Laws GDPR Apr 2016 Conditions and lawful retention exceptions

Why here The recital sets out when the right to be forgotten applies and lists grounds on which further retention may remain lawful.

the text this rests on
a ‘right to be forgotten’ where the retention of such data infringes this Regulation or Union or Member State law to which the controller is subject.

assessed by openai/gpt-6-luna · 8 Oct 2026

art 19 Notification obligation regarding rectification or erasure of personal data or restriction of processing Laws GDPR Apr 2016 Erasure includes right to be forgotten

Why here The provision requires communication of erasure actions, which overlaps with the right to be forgotten, but is not exclusively about that right.

the text this rests on
erasure of personal data

assessed by deepseek/deepseek-v4-flash-0731 · 26 Aug 2026

rec 59 Recital 59 — modalities for data subject rights exercise Laws GDPR Apr 2016 requesting personal data erasure

Why here Erasure is expressly included among the rights whose exercise should be facilitated. The recital addresses request mechanisms, not the conditions for erasure.

the text this rests on
in particular, access to and rectification or erasure of personal data

assessed by openai/gpt-6-luna · 8 Oct 2026

rec 73 Recital 73 — lawful restrictions on data subject rights Laws GDPR Apr 2016 beperking van verwijdering

Why here The recital includes erasure among the rights that Union or Member State law may restrict when the restriction is necessary and proportionate.

the text this rests on
rectification or erasure of personal data, the right to data portability, the right to object

assessed by openai/gpt-6-luna · 12 Oct 2026

rec 68 Recital 68 — data subject data portability right Laws GDPR Apr 2016 interaction with continued contract necessity

Why here It clarifies that exercising portability does not displace the erasure right, and that data still needed to perform a contract need not be erased on that account.

the text this rests on
Furthermore, that right should not prejudice the right of the data subject to obtain the erasure of personal data

assessed by openai/gpt-6-luna · 8 Oct 2026

Guidelines 10/2020 restrictions under Article 23 GDPR Guidelines ·EDPB Guidance EDPB Oct 2021 Restriction of right to erasure

Why here The document lists Article 17 as a restrictable right, but does not elaborate on the right to be forgotten.

the text this rests on
right to erasure (Article 17 GDPR)

assessed by deepseek/deepseek-v4-flash-0731 · 7 Sept 2026

Respondent has no right to erasure of personal data Hague Court of Appeal February 3, 2023, IT 4226; ECLI:NL:GHDHA:2023:306 (Veilig Thuis v. the respondent) In this case, a man requested the deletion of his personal data processed… News IT en Recht Mar 2023 erasure request denied

Why here Dutch topic for right to be forgotten; the case directly rules on erasure denial.

the text this rests on
the request for data deletion was therefore denied

assessed by deepseek/deepseek-v4-flash-0731 · 7 Sept 2026

"Exploring the Right to be Forgotten: Understanding Article 17 and 21 of the GDPR and Article 35 of its Implementation Law on Requesting Removal of Search Results on Google Search" Personal data protection. Request for removal of search results from the Google Search search engine: the right to be forgotten. Articles 17 and 21 General Data Protection… News Dutch Courts Feb 2023 right to be forgotten in search

Why here The document's title and text explicitly address the right to be forgotten in the context of Google Search, making it a primary source on this topic.

the text this rests on
Request for removal of search results from the Google Search search engine: the right to be forgotten.

assessed by deepseek/deepseek-v4-flash-0731 · 28 Aug 2026

"The Right to Erasure: a Legal Analysis of Deleting Personal Information from Veilig Thuis' Records" Request for destruction of Safe Home files; admissibility; right to erasure of personal data under the AVG and Wmo News Dutch Courts Feb 2023 right to erasure as central issue

Why here The document directly addresses the exercise of the right to erasure ('recht op vergetelheid') in the context of Dutch administrative records, making it a primary source for this topic.

the text this rests on
Request for destruction of Safe Home files; admissibility; right to erasure of personal data under the AVG and Wmo

assessed by deepseek/deepseek-v4-flash-0731 · 28 Aug 2026

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