In the matter of the General Data Protection Regulation
DPC Complaint Reference:
In the matter of a complaint, lodged by with the Data Protection Commission
pursuant to Article 77 of the General Data Protection Regulation, concerning Yahoo EMEA Limited
(formerly Verizon Media EMEA 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 ON 12 MAY 2022)
Dated the 28th day of October 2022
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 28 December 2019, (“the Data Subject”) lodged a complaint pursuant to
Article 77 GDPR with the Data Protection Commission (“the DPC”) concerning Yahoo EMEA
Limited (formerly Verizon Media EMEA Limited) (“the Respondent”).
2. The DPC was deemed to be the competent authority for the purpose of Article 56(1) GDPR.
The Complaint
3. The details of the complaint were as follows:
a. Upon receipt of the initial correspondence from the Data Subject, the DPC noted that
the Data Subject had not raised their concerns with the Respondent in the first
instance. The Data Subject was therefore advised by the DPC to contact the
Respondent.
b. The Data Subject did so on 7 January 2020, raising concerns in relation to the
processing of their personal data. The Data Subject had concerns in relation to how
their personal information was collected, stored and processed by the Respondent,
and raised a number of objections in relation to this processing.
i. Specific to this, the Data Subject raised concerns in relation to the practice of
the Respondent blocking access to a data subject’s account until they agreed
to the Terms of Service on the platform.
ii. The Data Subject also raised concerns with regards to the possible transfer
and storage of personal data within the US, as well as with partners, and the
difficulties they encountered in trying to withdraw consent to this process.
c. Further to this, the Data Subject also requested access to all personal data held about
him, in accordance with Article 15 GDPR.
d. As the Data Subject believed that they did not receive a satisfactory response, they
thereafter lodged a complaint with the Data Protection Commission.
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.
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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
b. The nature of the complaint (in this case, an unsuccessful attempt by the Data Subject
to exercise their 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 and Respondent in relation to the subject matter
of the complaint. Further to that engagement, it was established on 24 June 2020, in
correspondence sent directly from the Data Subject to the Respondent, and copied to the
DPC, the Data Subject reiterated the belief that the Respondent’s privacy policy and privacy
dashboard did not adequately provide information on what personal data is held, how it is
processed and who it is shared with. The Data Subject also noted that the process to opt out
of sharing data with third party partners was an unreasonable demand put on a Data Subject.
8. The DPC corresponded with the Data Subject, by email dated 13 July 2020, informing them
that, independently of the complaint in question, the DPC had commenced a statutory inquiry
under section 110 of the 2018 Act. The scope of the inquiry encompassed similar matters to
those raised by the Data Subject in the present complaint, in relation to the Respondent.
Throughout the handling of the complaint, the DPC provided the Data Subject with regular
updates on the progress of the inquiry.
9. Following further contact between the DPC and Respondent, the Respondent confirmed on 9
June 2022 that they had made direct contact with the Data Subject and provided information
to the Data Subject in respect of their compliance obligations under the GDPR. The respondent
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further advised that an amicable resolution of the complaint had been reached. On 28 July
2022, the Data Subject confirmed to the DPC that there had been communication between
the Data Subject and the Respondent as asserted by the Respondent. The Data Subject
confirmed to the DPC that all of the issues raised in their complaint had been addressed by
the Respondent and that a download of their personal data was being provided to them.
Further to this, the Data Subject unambiguously confirmed that they considered that their
complaint to the DPC had been resolved and could be closed.
10. On foot of the above confirmation from the Data Subject on 28 July 2022, that their concerns
had been adequately addressed and that their complaint could now be closed, the DPC moved
to conclude the file.
11. 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
12. 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.
13. 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:
_____________________________
Deputy Commissioner
Data Protection Commission
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