Yes and no. No because it is not possible to withdraw content concerning the business itself under the jurisdiction of the “right to be forgotten.” Yes because the intervention on behalf of the reputation of the managers or employees of the company contributes to its global image.
The right to be forgotten applies only to individuals. The ruling of the ECJ for Google Spain and Google on May 13, 2014 (the decision for the right to be forgotten) based on the Directive 95/46/CE by the European Parliament and Council, from October 24, 1995, relates to the protection of physical persons in respect to personal data and the free circulation of that information.
The effect of this decision is to better define the process of exercising certain rights under the directive: the right for each individual to oppose the use of their personal information or even the right to demand its deletion when the information is not being used in strict conformity with the directive.
A company is a legal entity, which means it does not have personal data and is therefore not covered under the provisions of the right to be forgotten.
The right to be forgotten, indirect leverage for companies. The image of a company is intrisically connected to the image of its managers and, to a lesser extent, to the image of its employees. An employee with a bad reputation can cost a business, even when that reputation is not justified.
The reflection of the company on the internet must therefore take into account those factors and make sure that at least the online reputation of its leader is as strong as possible. Keeping this in mind, the provisions of theright to be forgotten must take a place in the range of possible actions of a company.
Last update: 2014-11-13