{"id":4305,"date":"2017-03-17T11:38:29","date_gmt":"2017-03-17T11:38:29","guid":{"rendered":"https:\/\/vila.es\/en\/?p=2159"},"modified":"2020-11-27T15:25:43","modified_gmt":"2020-11-27T15:25:43","slug":"2159","status":"publish","type":"post","link":"https:\/\/vila.es\/en\/data-protection\/2159\/","title":{"rendered":"LIMITATIONS ON THE RIGHT TO BE FORGOTTEN AT THE COMMERCIAL REGISTRY"},"content":{"rendered":"

In a recent judgment of 9th<\/sup> March 2017, the Court of Justice of the European Union (\u201cCJEU\u201d), Case C- 398\/15 has decided that except in certain exceptional cases, \u201cthe right to be forgotten\u201d is not applicable in relation to the personal data of entrepreneurs who are registered with the Commercial Registry.<\/p>\n

Regarding the case in question, Mr. M. the administrator of an Italian company, initiated proceedings against the Chamber of Commerce of Lecce (Italy), calling for the cancellation, making anonymous or blocking of the personal data appearing on the companies register, which link his name to an insolvent and liquidated company of which he was the sole administrator. He specifically argued that the fact that he appeared on the companies register as the administrator of a company which became insolvent in 1992 and which was liquidated in 2005, was seriously harming the sale of a series of properties of another company of which he is currently administrator.<\/p>\n

The Court of the First Instance of Lecce upheld the claim of Mr. M, and ordered that the personal data linking him to the insolvent and liquidated company be made anonymous.<\/p>\n

Said decision was appealed before the la Corte Suprema di Cassazione<\/u> (Italian Court of Cassation), which in view of the dispute, referred the matter to the CJEU in order to determine whether<\/u> article 3 of Directive 68\/151 and article 6, section 1, letter e) of Directive 95\/46 should be interpreted in the sense that member States can, or must, allow the administrators and liquidators to request from the authority responsible for the companies register that it limits<\/u>, once a certain amount of time has elapsed following the liquidation of the company in question and on a case by case basis, the access to personal data entered on said register<\/u>.<\/p>\n

In this respect, the CJEU has determined that the need to protect the interests of third parties which enter into contracts with joint stock or limited liability companies, even after their liquidation, should prevail over the protection of the personal data of administrators and liquidators, on the following basis:<\/p>\n