Business and Human Rights: Does a Right to Be Forgotten Exist?

Until very recently, national and European business law on the one hand, and European human rights law on the other, applied separate and distinct areas of jurisprudential concepts and norms. While human rights law acknowledged the centrality of the human being as a “criteria in jurisprudential assessment”, business law, on the other hand, considered individual rights within the delimited and prioritized context of market competition. Increasingly over the past twenty years, general recognition has grown regarding the role of individual rights in private law, and more particularly in the area of business. In this framework, starting from a case brought before the ECJ by the Italian Supreme Court of Cassation for a preliminary ruling, the paper discuss about a possible reconciliation of these two areas.