Google is not only the most used search engine, but also by far the most visited “website”. The latter is probably not due to captivating content on the home page, but to the frequent use of Google as the browser home page. However, this makes Google all the more the “gateway” to the Internet.
The consequence of this is that the user often first encounters information that Google has prepared for him. It is therefore particularly important for companies to keep Google results correct, up-to-date and positive. Incorrect or outdated information, negative reports or problematic references not only lead to an unattractive company presentation, but also to poorer findability and thus to lower sales for the company. Depending on the constellation, there is a risk of liability for the presentation of results.
In this article, we shed light on these problem constellations and explain the options for action in the light of current case law.
Presentation and data processing by Google
Google searches the Internet for current, relevant and useful information and presents it in search results. Data that may also be personal is used for the assignment. Search results are derived from the content of external websites, but also from evaluated user behavior, links and the type and nature of the search query.
Personal data in the form of names, photos, IP addresses or similar details are processed in order to display the best possible search results, but also routes (maps), fonts or company presentations.
Google also provides information about these processing measures. The so-called “Dashboard” overview provides information about services linked to the user. You can also manage saved data from your Google account in the activity settings.
Deletion of personal data
In order to comply with the provisions of the General Data Protection Regulation (GDPR), among others, it is possible for anyone to delete personal data from Google results. The application form for the removal of personal data is an option for action. Each case is examined individually and therefore requires a certain processing time. The associated application should be well and comprehensively justified in order to be successful at the first attempt.
Deletion of incorrect information
Incorrect or outdated information on Google – such as the former warehouse address, which causes confusion for freight forwarders – should and can be deleted via a Google function, as it can lead to misunderstandings and corresponding damage. Adjustments are relatively easy to request via the company profile or “Suggest a change” in the Google Maps area.
Deletion of demonstrably false information
What is new, however, is the judgment of the European Court of Justice (ECJ, judgment of 08.12.2022, Ref. C-460/20), which obliges search engine operators to remove search results for content if they contain obviously untrue information. Although this delisting is associated with not inconsiderable evidence requirements, it should help many companies that are wrongly accused of unlawful transactions. According to the ECJ ruling, photos of the persons involved must also be deleted from Google Image Search, even if there is no reference to the content.
Emptying the Google cache
The removal of Google references can be particularly relevant if you have had to submit a cease-and-desist declaration: incorrect information in the application text, plagiarism or images can still be found in Google search results long after your website has been removed. However, as the party obliged to cease and desist, you are obliged to eliminate the disturbance. This includes all possible and reasonable actions, including influencing third parties such as search engine operators (see BGH, judgment of 13.11.2013, Ref. I ZT 77/12). Otherwise, there is often a breach of the obligation to remedy and thus a forfeiture of the contractual penalty.
Use the request to remove outdated content from Google Search after you have deleted the illegal content on your server and document the process with screenshots.
Deletion of Google ratings and reviews
Now that Google also enables ratings and reviews, many companies are faced with the question of what action they can take in the event of reviews that are detrimental to their business.
In principle, almost every Google review can be challenged. The prerequisite is that it violates a legal requirement or the far-reaching Google guidelines. These can be untrue statements of fact, defamatory criticism or other violations of the law. Even a poor rating without actual use of the service is often contestable.
As a rule, a deletion leads to a better company presentation than a reply comment to the evaluation. A request for deletion or “Report review” is therefore often worthwhile.
Conclusion
Google is important for company presentation in many areas. Therefore, do not accept any outdated, incorrect or illegal content, but use the many options available to counteract this.
