Class Action vs Google · upheld by the Court of Milan
Report
Digital rights[The table]

Your digital rights

The digital world changes rapidly, but your rights remain.

This page collects and explains in simple terms all the main rights that protect your identity, your data and your online reputation. Knowing how they work is the first step to actually using them.

24 rights06 areasGDPRDSAAI ActItalian Criminal CodeLaw 633/1941Explore the table

The table of digital rights

  1. 01ObRight to be forgottenArt. 17 GDPRThe right to be forgotten is the right to obtain the erasure of your personal data without undue delay when one of the conditions set out in Art. 17.1 GDPR applies.
  2. 02DiDelistingC-131/12It is the right to ask search engines to remove results associated with your name when the information is outdated, inaccurate or harmful.
  3. 03AcAccessArt. 15 GDPRIt is the right that guarantees every individual the ability to know what personal data a company holds, how it is used, for what purposes and for how long.
  4. 04RtRectificationArt. 16 GDPRIt is the right to correct or update personal data that is wrong, incomplete or no longer adequate.
  5. 05LtRestrictionArt. 18 GDPRIt is the right to temporarily “freeze” the use of your personal data in specific situations, for example when you contest its accuracy or the lawfulness of its processing.
  6. 06OpObjectionArt. 21 GDPRIt is the right to object to the processing of your personal data, particularly when it is based on legitimate interests or used for profiling or marketing purposes.
  7. 07PtPortabilityArt. 20 GDPRIt is the right to receive your personal data in a structured format and easily transfer it to another service or provider.
  8. 08DaAutomated decisionsArt. 22 GDPRIt is the right that protects people against fully automated decisions, including algorithmic ones, that produce significant effects on their rights and freedoms.
  9. 09TmModeration transparencyArt. 14-15 DSAIt is the right that requires platforms to explain how they moderate content, which rules they apply and on what grounds decisions to remove or restrict content are made.
  10. 10CrContest removalsArt. 20 DSAIt is the right that allows users to obtain an explanation for content removals or account suspensions and to use internal appeal systems.
  11. 11RxOut-of-court settlementArt. 21 DSAIt is the right to turn to independent bodies to resolve disputes with platforms without having to start court proceedings.
  12. 12TpAd transparencyArt. 26 DSAIt is the right that obliges platforms to show clearly why an ad is being shown and who paid for it.
  13. 13OoProfiling opt-outArt. 38 DSAIt is the right to refuse the use of your data to build personalised profiles for recommendations or targeted advertising.
  14. 14ScFlag illegal contentArt. 16 DSAIt is the right to formally report illegal content to platforms, which must assess it and act promptly.
  15. 15DfOnline defamationArt. 595 c.p.It is the right that protects a person from false or reputation-damaging content published online, allowing action against those who spread accusations or harmful information.
  16. 16RpRevenge pornArt. 612-ter c.p.It is the right that protects against any unauthorised dissemination of sexually explicit images or videos, even if they were originally obtained with consent.
  17. 17IdDigital identityArt. 494 c.p.It is the right that prevents third parties from using someone else’s name, images or identity online, countering fake profiles, identity theft and false accounts.
  18. 18ImImage delistingArt. 17 GDPRIt is the right to have visual content that violates your privacy, reputation or personal rights removed from Google Images.
  19. 19TiAI transparencyArt. 50 AI ActIt is the right that ensures users are informed when content, services or decisions are generated or influenced by artificial intelligence systems.
  20. 20IuHuman oversightArt. 14 AI ActIt is the right that ensures automated decisions with a significant impact are supervised by people and can be reviewed manually.
  21. 21CiChallenge AI decisionsArt. 86 AI ActIt is the right to challenge decisions made by high-risk AI systems and obtain an independent or corrective review.
  22. 22RcProtected contentL. 633/1941It is the right to request the immediate removal of content uploaded online that uses protected works without the rights holder’s authorisation.
  23. 23FuQuotation & fair useArt. 70 L.633/41It is the right that allows limited use of parts of works for purposes of criticism, discussion, teaching or research, within specific limits.
  24. 24RdCompensationArt. 82 GDPRIt is the right to financial compensation for anyone who suffers material or non-material damage as a result of the unlawful processing of their personal data.
01 of 24GDPR · Privacy & personal data

Right to be forgotten

Erasure of personal data

The right to be forgotten is the right to obtain the erasure of your personal data without undue delay when one of the conditions set out in Art. 17.1 GDPR applies.

  • GDPR Art. 17
  • GDPR Art. 5.1.e
  • GDPR Art. 6
Read more
The six areas[02]

Six areas, twenty-four rights

From privacy to artificial intelligence: each area brings together the rights that stem from the same source and answer the same kind of abuse.

A fingerprint made of data lines

Fig. 01Privacy & personal data

Area · GDPR8 rights

Privacy & personal data

The General Data Protection Regulation gives you control over the information about you: knowing who processes it, correcting it, erasing it, taking it elsewhere and not letting an algorithm decide about you.

§ Reg. (EU) 2016/679 · GDPR

  1. 01Right to be forgottenThe right to be forgotten is the right to obtain the erasure of your personal data without undue delay when one of the conditions set out in Art. 17.1 GDPR applies.Art. 17 GDPR
  2. 02Right to delistingIt is the right to ask search engines to remove results associated with your name when the information is outdated, inaccurate or harmful.C-131/12
  3. 03Right of accessIt is the right that guarantees every individual the ability to know what personal data a company holds, how it is used, for what purposes and for how long.Art. 15 GDPR
  4. 04Right to rectificationIt is the right to correct or update personal data that is wrong, incomplete or no longer adequate.Art. 16 GDPR
  5. 05Right to restriction of processingIt is the right to temporarily “freeze” the use of your personal data in specific situations, for example when you contest its accuracy or the lawfulness of its processing.Art. 18 GDPR
  6. 06Right to objectIt is the right to object to the processing of your personal data, particularly when it is based on legitimate interests or used for profiling or marketing purposes.Art. 21 GDPR
  7. 07Right to data portabilityIt is the right to receive your personal data in a structured format and easily transfer it to another service or provider.Art. 20 GDPR
  8. 08Right not to be subject to automated decisionsIt is the right that protects people against fully automated decisions, including algorithmic ones, that produce significant effects on their rights and freedoms.Art. 22 GDPR
A hand inside a tunnel of screens and feeds

Fig. 02Digital platforms

Area · DSA6 rights

Digital platforms

The Digital Services Act obliges platforms to explain how they moderate content, to let you challenge their decisions, to tell you who pays for the ads you see and to let you refuse profiling.

§ Reg. (EU) 2022/2065 · DSA

  1. 09Right to moderation transparencyIt is the right that requires platforms to explain how they moderate content, which rules they apply and on what grounds decisions to remove or restrict content are made.Art. 14-15 DSA
  2. 10Right to contest removalsIt is the right that allows users to obtain an explanation for content removals or account suspensions and to use internal appeal systems.Art. 20 DSA
  3. 11Right to out-of-court settlementIt is the right to turn to independent bodies to resolve disputes with platforms without having to start court proceedings.Art. 21 DSA
  4. 12Right to advertising transparencyIt is the right that obliges platforms to show clearly why an ad is being shown and who paid for it.Art. 26 DSA
  5. 13Right to opt out of profilingIt is the right to refuse the use of your data to build personalised profiles for recommendations or targeted advertising.Art. 38 DSA
  6. 14Right to flag illegal contentIt is the right to formally report illegal content to platforms, which must assess it and act promptly.Art. 16 DSA
A face reflected in a shattered mirror

Fig. 03Digital reputation

Area · Reputation4 rights

Digital reputation

Defamation, the spreading of intimate images, identity theft, photos indexed without consent: your online reputation is protected by criminal law and by privacy law.

§ Italian Criminal Code · GDPR

  1. 15Protection against online defamationIt is the right that protects a person from false or reputation-damaging content published online, allowing action against those who spread accusations or harmful information.Art. 595 c.p.
  2. 16Protection against revenge pornIt is the right that protects against any unauthorised dissemination of sexually explicit images or videos, even if they were originally obtained with consent.Art. 612-ter c.p.
  3. 17Right to digital identityIt is the right that prevents third parties from using someone else’s name, images or identity online, countering fake profiles, identity theft and false accounts.Art. 494 c.p.
  4. 18Right to image delistingIt is the right to have visual content that violates your privacy, reputation or personal rights removed from Google Images.Art. 17 GDPR
A human hand and a robotic hand reaching for each other

Fig. 04Artificial intelligence

Area · AI Act3 rights

Artificial intelligence

Under the AI Act you have the right to know when you are dealing with an artificial intelligence, to ask for a person to make the decision and to challenge the decisions of high-risk systems.

§ Reg. (EU) 2024/1689 · AI Act

  1. 19Right to AI transparencyIt is the right that ensures users are informed when content, services or decisions are generated or influenced by artificial intelligence systems.Art. 50 AI Act
  2. 20Right to human oversightIt is the right that ensures automated decisions with a significant impact are supervised by people and can be reviewed manually.Art. 14 AI Act
  3. 21Right to challenge AI decisionsIt is the right to challenge decisions made by high-risk AI systems and obtain an independent or corrective review.Art. 86 AI Act
A book dissolving into data

Fig. 05Copyright & content

Area · Copyright2 rights

Copyright & content

Copyright protects your works from those who use them without permission and, within precise limits, allows you to quote and lawfully use the works of others.

§ Law 633/1941 · Dir. (EU) 2019/790

  1. 22Right to remove protected contentIt is the right to request the immediate removal of content uploaded online that uses protected works without the rights holder’s authorisation.L. 633/1941
  2. 23Right of quotation & fair useIt is the right that allows limited use of parts of works for purposes of criticism, discussion, teaching or research, within specific limits.Art. 70 L.633/41
Elements at stakeArt. 17 · 21 · 22 GDPR — C-131/12

From the table to the courtroom

Knowing them is the first step. Using them, the second.

The Court of Milan has upheld the Class Action against Google, which challenged the systematic rejection of delisting and removal requests. Four elements of this table are at the heart of the case.

Discover the Class ActionBack to the table