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Milan Court Orders Google to Revise De-indexing Procedures Under EU “Right to Be Forgotten”

By Drooid · · How we work

Core Event

The Court of Milan (order 3127/2026) upheld a collective injunction filed by members of the Algopolio association against Google LLC, Google Ireland Limited, and Google Italy Srl. The ruling requires Google to amend its de-indexing forms so that users can submit supporting documentation and to provide a clear, individualized justification for any refusal. Compliance must be achieved by November 15, 2026; otherwise, a daily financial penalty will be imposed for each day of delay.

Legal Background and the Right to Be Forgotten

The decision interprets Articles 17 and 21 of the EU General Data Protection Regulation (GDPR), which enshrine the “right to be forgotten.” The court’s order emphasizes that the right is ineffective unless individuals can fully present their case, attach evidence, and understand the reasons for any denial. By requiring non-automated, individualized procedures, the Milan judgment extends the GDPR’s protective scope to the mechanics of search-engine de-indexing.

Parties and Their Positions

  • Silvia Cossu (Lexia Law Firm) – Highlighted that “even establishing Italian jurisdiction for a dispute of this type” strengthens user protection.
  • Google spokesperson – Stated that Google will appeal, emphasizing its “dedicated teams” and “rigorous, compliant, and fair” review process.

Official Statements & Responses

Their lawyers stressed that the court’s reinterpretation aligns with case law from the Court of Justice of the European Union, mandating that Google cannot rely on automated replies. Google’s response acknowledged the procedural changes but contested the decision, pledging to defend its actions in the appropriate courts while maintaining that its current processes balance privacy with the public’s right to information.

Implementation Requirements

To meet the court’s order, Google must redesign its de-indexing request form to accept documentation, eliminate generic automated rejections, and supply users with specific reasons for any denial. Failure to implement these changes by the November 15, 2026 deadline will trigger daily fines, creating a financial incentive for timely compliance.