EU Law Analysis: Towards a Web 3.0? The impact of the Google Spain judgment on social networks and Wikipedia: "Is there good reason for Mark Zuckerberg's own knickers to be in a twist, following the Google Spain judgment? The CJEU does suggest that the territorial scope of the Directive is relatively broad, and as such is more likely to apply to social networks and other well-known Internet services than might otherwise have been thought. But it is not yet certain whether and when the Directive does apply to entities whose situation differs from Google’s. Equally the judgment confirms that the material scope of the Directive is broad, and it seems clear enough that its personal scope is broad too.
However, the judgment is unlikely to lead to a ‘Web 3.0’ as regards Internet services besides search engines, because there are basic differences in the substantive data protection law of the EU as it applies to the bodies offering such services. These differences concern in particular: the very nature of user-generated content (arguably changing who is the ‘data controller’); the existence of privacy or editing policies; the public figure exception; the possible application of different, additional grounds for processing personal data; and the Google Spain judgment itself – since it provides for an alternative, more effective means of blocking access to the personal data concerned." 'via Blog this'
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