In the matter of the General Data Protection Regulation
DPC Complaint Reference:
IMI Complaint Reference Number:
In the matter of a complaint, lodged by with the Polish Data Protection Authority
pursuant to Article 77 of the General Data Protection Regulation, concerning Groupon
International Limited
Record of Amicable Resolution of the complaint and its consequent withdrawal pursuant to
Section 109(3) of the Data Protection Act, 2018
Further to the requirements of EDPB Guidelines 06/2022 on the practical implementation of
amicable settlements Version 2.0 (adopted on 12 May 2022)
RECORD OF AMICABLE RESOLUTION FOR THE
PURPOSE OF EDPB GUIDELINES 06/2022 ON THE
PRACTICAL IMPLEMENTATION OF AMICABLE
SETTLEMENTS VERSION 2.0, ADOPTED 12 MAY 2022
Dated the 21st day of October 2022
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 23 January 2020, (“the Data Subject”) lodged a complaint pursuant to
Article 77 GDPR with the Polish Data Protection Authority (“the Recipient SA”) concerning
Groupon International Limited (“the Respondent”).
2. In circumstances where the Data Protection Commission (“the DPC”) was deemed to be the
competent authority for the purpose of Article 56(1) GDPR, the Recipient SA transferred the
complaint to the DPC on 22 February 2021.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject submitted an access request directly to the Respondent on 23
January 2020. The Data Subject requested a copy of their personal data, and also
requested information on how the Respondent processes their personal data, in
accordance with Article 15(1)(a)-(h) GDPR.
b. The Data Subject was directed by the Respondent to make their access request via its
online portal. The Data Subject was dissatisfied with this response from the
Respondent, as they did not wish to use an online portal to make their request.
Action taken by the DPC
4. The DPC, pursuant to Section 109(4) of the Data Protection Act, 2018 (“the 2018 Act”), is
required, as a preliminary matter, to assess the likelihood of the parties to the complaint
reaching, within a reasonable time, an amicable resolution of the subject-matter of the
complaint. Where the DPC considers that there is a reasonable likelihood of such an amicable
resolution being concluded between the parties, it is empowered, by Section 109(2) of the
2018 Act, to take such steps as it considers appropriate to arrange or facilitate such an
amicable resolution.
5. Following a preliminary examination of the material referred to it by the Data Subject, the DPC
considered that there was a reasonable likelihood of the parties concerned reaching, within a
reasonable time, an amicable resolution of the subject matter of the complaint. The DPC’s
experience is that complaints of this nature are particularly suitable for amicable resolution in
circumstances where there is an obvious solution to the dispute, if the respondent is willing
to engage in the process. In this regard, the DPC had regard to:
a. The relationship between the Data Subject and Respondent (being, in this case, an
individual consumer and a service provider); and
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b. The nature of the complaint (in this case, an unsuccessful attempt by the Data Subject
to exercise his/her data subject rights).
6. While not relevant to the assessment that the DPC is required to carry out pursuant to Section
109(4) of the 2018 Act, the DPC also had regard to EDPB Guidelines 06/2022 on the practical
implementation of amicable settlements Version 2.0, adopted on 12 May 2022 (“Document
06/2022”), and considered that:
a. the possible conclusion of the complaint by way of amicable resolution would not
hamper the ability of the supervisory authorities to maintain the high level of
protection that the GDPR seeks to create; and that
b. such a conclusion, in this case, would likely carry advantages for the Data Subject,
whose rights under the GDPR would be vindicated swiftly, as well as for the controller,
who would be provided the opportunity to bring its behaviour into compliance with
the GDPR.
Amicable Resolution
7. The DPC engaged with both the Data Subject (via the Recipient SA) and Respondent in relation
to the subject-matter of the complaint. Further to that engagement, it was established that
the Respondent had requested the Data Subject to verify their identity before fulfilling their
access request. However, the Data Subject had not engaged with the verification process. In
the circumstances, the Respondent took the following actions:
a. The Respondent confirmed to the DPC that it had since provided the Data Subject with
their personal data, and provided the requested information on how it processes
personal data.
b. The Respondent confirmed that it had improved its processes to better recognise
instances where a data subject does not wish to use its online portal to make their
access request, and instead progress their request via email.
8. On 8 June 2021, the DPC outlined the Data Subject’s complaint to the Respondent. The DPC
included correspondence forwarded by the Recipient SA, wherein the Respondent’s Polish
office had written directly to the Data Subject, responding to their access request. The DPC
noted the Data Subject originally submitted their access request by email, and had stated that
they did not wish to use the Respondent’s online portal to access their data. On 2 July 2021,
the Respondent confirmed to the DPC that it had reviewed the responses of its Polish office
to the Data Subject and agreed with its responses. The Respondent confirmed that although
the Data Subject had not followed the requested steps to verify their identity, given the
circumstances, it was satisfied as to the identity of the Data Subject, as the email address from
which the Data Subject made their request was associated with their account. The Respondent
confirmed that the Data Subject’s access request was completed on 3 November 2020.
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9. On 27 August 2021, the DPC wrote to the Data Subject via the Recipient SA outlining the
information provided by the Respondent. In the circumstances, the DPC asked the Data
Subject to notify it, within 2 months, if they were not satisfied with the outcome, so that the
DPC could take further action. The DPC did not receive any further communication from the
Data Subject and, accordingly, the complaint has been deemed to have been amicably
resolved.
10. In circumstances where the subject-matter of the complaint has been amicably resolved, in
full, the complaint, by virtue of Section 109(3) of the 2018 Act, is deemed to have been
withdrawn by the Data Subject.
Confirmation of Outcome
11. For the purpose of Document 06/2022, the DPC confirms that:
a. The complaint, in its entirety, has been amicably resolved between the parties
concerned;
b. The agreed resolution is such that the object of the complaint no longer exists; and
c. Having consulted with the supervisory authorities concerned on the information set
out above, as required by Document 06/2022, the DPC has now closed off its file in
this matter.
12. If dissatisfied with the outcome recorded herein, the parties have the right to an effective
remedy by way of an application for judicial review, by the Irish High Court, of the process
applied by the DPC in the context of the within complaint.
Signed for and on behalf of the DPC:
_____________________________
Sandra Skehan
Deputy Commissioner
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