Search engines play a central role in our everyday lives. They help us to find information and at the same time shape our perception by selecting which content is visible. But what happens if the search results are incorrect or even illegal? A recent ruling by the Cologne Higher Regional Court (OLG) on July 4, 2024 shows that search engine operators can be held liable for the results displayed (case reference: 15 U 60/23). This ruling has far-reaching consequences, particularly for creative professionals, entrepreneurs and companies who are confronted with search results that damage their reputation or are incorrect.
The case: An entrepreneur against illegal content
The underlying case concerns a plaintiff who was an assessor on the board of a district association of a political party between the beginning and end of 2019. The plaintiff objected to an article that was linked in the search results of a well-known search engine. The article, published in 2019, was critical of local politicians from his party and also contained personal information and a photo of the plaintiff in uniform.
The regional court initially dismissed the plaintiff’s claim as it did not consider the search engine operator to have “passive legitimacy” – in other words, the court was of the opinion that the operator could not be held liable. On appeal, however, the Cologne Higher Regional Court ruled in favor of the plaintiff and found that the operator of the search engine was indeed considered a controller pursuant to Art. 4 No. 7 GDPR and was therefore liable for search results.
Why is the Cologne Higher Regional Court’s decision important?
The judgment of the Higher Regional Court of Cologne is groundbreaking because it clarifies the role and responsibility of search engine operators when processing and displaying personal data. There are three crucial aspects that entrepreneurs and creative professionals should be aware of:
1. search engine operators as controllers under the GDPR
According to Art. 4 No. 7 of the General Data Protection Regulation (GDPR), a controller is any natural or legal person who determines the purposes and means of the processing of personal data. The OLG clarified that a search engine operator is also considered a controller if it does not create the displayed search results itself, but has them processed by another company in the group. The decisive factor is that the operator enables users to access the search engine and the search results.
2. right to erasure pursuant to Art. 17 GDPR
Data subjects have the right to have illegal or erroneous content removed from search results. The so-called “right to be forgotten” in accordance with Art. 17 para. 1 GDPR not only includes the deletion of data, but also the omission of the re-listing of this content. This is particularly important as technical processes could lead to deleted content being displayed again by algorithms.
3. obligation to provide evidence for those affected
According to the European Court of Justice (ECJ), data subjects must prove that the content they wish to have removed is manifestly inaccurate or that a substantial part of the information in the article in question is false. However, the ECJ emphasized that the evidence must be reasonable in order to ensure the practical effectiveness of the right to erasure. This protects data subjects from excessive hurdles.
What does liability for search results mean for entrepreneurs?
The ruling has practical consequences for anyone struggling with incorrect or reputation-damaging search results. For entrepreneurs who rely heavily on their online reputation, it provides a clear legal basis for taking action against unlawful content.
1. protection of online reputation
Creative professionals and companies can hold search engine operators directly responsible if search results contain personal data that is unlawful or harmful.
2. increased responsibility of search engine operators
Operators cannot simply claim that they are only “intermediaries”. They must ensure that the content displayed complies with data protection regulations and does not violate the rights of the data subjects.
3. legal action against reputation-damaging content
The ruling makes it clear that it is not only possible to take action against the original authors of illegal content, but also against the search engine operators who distribute this content.
Conclusion: Strong rights for those affected
The decision of the Higher Regional Court of Cologne on liability for search results significantly strengthens the rights of those affected. The ruling is particularly important for creatives and entrepreneurs who are in the public eye and need to protect their online reputation. It shows that even large platforms such as search engines are not above the law. If you are affected, you should know your rights and take specific measures to protect your interests.
The clear recognition of liability for search results by the courts significantly increases the responsibility of search engine operators – an important step for data protection and the protection of personal rights in the digital age.
