Enforcing the Right to Be Forgotten beyond EU Borders

Determining the reach of the right to be forgotten beyond EU borders requires a two-step test. First, it is necessary to verify whether the situation falls within the territorial scope of the General Data Protection Regulation. Second, where the right is enforced against a search engine, it must be established whether it need to be implemented globally or only within the EU. Both operations raise significant interpretive issues. While rejecting the widespread claim that the connecting factors adopted in the Regulation imply a jurisdictional overreach, the chapter points to some difficulties in the implementation of the right to be forgotten, critically discussing the alternative approaches which have been proposed.