Google deletes terms from the autocomplete function at the request of our law firm

31.05.2013 From Arno Lampmann

We reported on this on May 14, 2013 and predicted it here, that it will give Google a lot of work: The BGH decision on the “autocomplete function”(BGH, Urteil v. 14.5.2013, Az. VI ZR 269/12).

The written reasons for the judgment are now also available.

Google deletes search suggestions after requests

Shortly after the decision became known, we informed Google of infringing search suggestions on behalf of some clients in accordance with the requirements of the BGH ruling and asked Google to delete them. Despite the public impression that the obligation to take such measures would jeopardize the entire business model, as this would only be possible with disproportionate effort, Google managed to delete the offending terms within a week.

However, not completely

With regard to one term, however, Google explicitly refused, arguing that search results also existed with this combination and therefore the “factual connection” between the suggestion and search results required by the BGH existed. It is to be feared that Google has thoroughly misunderstood the Supreme Court’s requirements here. It is true that search results with the search terms exist. However, in these reports, the alleged connection of our client with the search term is negated, so that the incorrect impression of the displayed autocomplete in the light of the BGH decision nevertheless constitutes a violation of personal rights.

We will therefore now formally request Google to issue a cease-and-desist declaration and, if necessary, apply for an injunction on behalf of our client. And report further. (la)

UPDATE from 13.6.2013: Google has now also deleted the outstanding term from the autocomplete on its own initiative. Further legal action is therefore unnecessary. We are naturally pleased for our client. We ourselves, on the other hand, are somewhat disappointed, as the legal issues to be clarified would have been highly interesting.