In an era where data flows freely across digital services, maintaining customer trust and regulatory compliance is no longer optional — it’s central to business success. One of the most searched and legally significant data privacy concepts is the Right to Be Forgotten (also known as Right to Erasure). Business leaders — CEOs, Chief Data Officers (CDOs), Data Protection Officers (DPOs) — must understand what this right entails, what laws govern it, and how to respond effectively to data removal requests.

At Curated Privacy LLC, we assist companies in establishing robust privacy programs, including handling data removal / deletion requests, ensuring legal compliance, minimizing risk, and preserving reputation. We also offer FREE consultations to assess your current posture and help you plan ahead.

What Is the Right to Be Forgotten (Right to Erasure)?

• Under European Union law, the Right to Erasure is codified in Article 17 of the General Data Protection Regulation (GDPR, Regulation (EU) 2016/679).
• Article 17 gives a data subject the right to obtain erasure of their personal data without undue delay when one of the following applies, among other cases:
  1. The data are no longer necessary for the purpose for which they were collected or processed.
  2. The individual withdraws consent (if the processing was based on consent) and there is no other legal basis for processing.
  3. The data have been unlawfully processed.
  4. The data must be erased to comply with a legal obligation in E.U. or Member State law.

• However, the Right to Erasure is not absolute. The GDPR specifies several exceptions (for example when processing is necessary for exercising freedom of expression, for legal claims, for archiving in the public interest, or for compliance with a legal obligation).

Relevant U.S. Laws: CCPA / CPRA & Similar State Regulations

• In the U.S., the California Consumer Privacy Act (CCPA) grants California consumers the right to request deletion of their personal information. Under CCPA, businesses must comply with deletion requests (subject to certain legal exceptions). The official California Attorney General site states that individuals can request businesses delete personal information collected about them, and require service providers to do likewise.

• The California Privacy Rights Act (CPRA), which amends and expands CCPA, also includes deletion rights, and established the California Privacy Protection Agency (CPPA) to enforce deletion obligations and other privacy rights.

• Examples of exceptions under CCPA/CPRA include where businesses need to retain certain data for legal obligations, for security, or for other permitted uses.

Why This Matters to Businesses & CEOs

• Regulatory Risk & Fines: Non-compliance with the GDPR / EU supervisory authority decisions can lead to significant fines (up to 4% of global turnover or €20 million under the GDPR). For CCPA / CPRA, enforcement actions can bring penalties and legal claims.
• Reputation & Trust: Mishandling deletion / removal requests, delays, or refusal without valid reason can damage trust and attract negative publicity.
• Operational Efficiency: Without a clear process, organizations waste time manually responding, risk inconsistent outcomes, and may fail to properly document compliance.

Best Practices: How Businesses Should Prepare & Respond

Here are actionable steps companies should implement:

1. Data Mapping & Inventory
   • Know where personal data is stored (databases, third-party processors, backups, cloud).
   • Ensure you have records of processing activities (as required under the GDPR and many U.S. state laws).
2. Written Data Deletion / Removal Policy
   • Define criteria for when deletion is permitted vs when exceptions apply.
   • Assign responsibilities (who in the organization handles these requests).
3. Verification Process
   • Confirm identity of the requester in a secure and proportionate way — but avoid over-burdening steps that block legitimate requests.
4. Timely Response
   • Under the GDPR, the erasure must occur without undue delay once it’s determined a valid request exists.
   • Under CCPA / CPRA, businesses generally have 45 calendar days to respond to a deletion request after verifying identity. (There are limited circumstances where an extension is permitted.)

5. Third-Party / Service Provider Coordination
   • If data was shared with service providers / processors / third parties, ensure deletion obligations are passed downstream and executed.
6. Document & Log Everything
   • Maintain a log/register of deletion requests, how they were handled, any denials with justification, timing, etc.
   • This helps with audits, regulatory defense, and internal oversight.

How Curated Privacy LLC Can Help

At Curated Privacy LLC, we specialize in helping companies — especially those with exposure to E.U., California, or other jurisdictions with deletion rights — to build and operationalize privacy compliance programs. Here’s how we assist:

• Conducting gap assessments to check whether your existing data deletion / removal policies meet the GDPR, CCPA / CPRA, and other relevant privacy law standards.
• Designing and implementing standard operating procedures (SOPs) for receiving, verifying, and fulfilling removal / deletion requests.
• Training staff (legal, IT, customer support) so you have consistent and legally defensible responses.
• Implementing tools / workflows to track requests, document actions, and ensure third-party compliance.
• Risk assessment to spot where data you believe can be deleted may in fact be subject to legal or regulatory retention obligations.

We recognize that CEOs and executive teams need clarity, certainty, and actionable plans, not vague legal risk summaries.

We offer FREE consultations to help you evaluate your organization’s posture, understand what gaps exist, and plan a remediation roadmap. Whether you’re scaling globally, handling sensitive data, or managing multiple jurisdictions, we can help you align privacy practices with business goals.

Conclusion

The “Right to Be Forgotten” / Right to Erasure is not just a legal requirement for individuals — it’s a strategic priority for businesses. By putting in place robust policies, documented processes, and capable people & systems, companies can minimize risk, ensure compliance, and build trust in an increasingly privacy-conscious world.

If you want help assessing your current practices or developing a strategy, contact Curated Privacy LLC today to schedule your FREE consultation. Let us help you build a privacy program that meets regulatory demands and supports your business objectives.