31 Pages Posted: 19 Feb 2015
Date Written: February 18, 2015
This paper provides an overview of the legal framework governing the liability of online intermediaries in the European Union (EU). The E-Commerce Directive undoubtedly constitutes the key legal instrument targeting online intermediaries on the EU-wide level. After outlining the key provisions in this Directive, the paper will analyze the Google Spain ruling as a case study. This ruling is particularly interesting for two reasons. First of all, it involves a type of intermediary (search engine) whose legal position is largely undefined at the EU level. Secondly, the Google Spain case concerns the position of search engines vis-à-vis the personal data they process. In this regard, it is an ideal case study with which to evaluate the interaction between the intermediary liability regime and data protection law. Additionally, it provides food for thought with regard to the role of intermediaries in the governance of the Internet.
Keywords: NoC, Online Intermediaries, E-Commerce Directive, Google Spain
Suggested Citation: Suggested Citation
Kuczerawy, Aleksandra and Ausloos, Jef, NoC Online Intermediaries Case Studies Series: European Union and Google Spain (February 18, 2015). Available at SSRN: https://ssrn.com/abstract=2567183 or http://dx.doi.org/10.2139/ssrn.2567183