Providers’ liabilities and the right to be forgotten

Abstract

I address the novelties contained in the “Proposal for a Data Protection Regulation”, recently advanced by the EU Commission, with regard to providers’ liabilities and the right to be forgotten. First I consider how the Proposal regulates the contentious overlap of e-commerce immunities and data protection rules. Then I examine providers’ knowledge that illegal personal information has been uploaded on their platform, and discuss whether such knowledge should terminate providers’ immunity. Finally, I critically assess the right to be forgotten, newly introduced in the Proposal, and the sanctions for its violation.