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 Berlin Data Protection Authority
pursuant to Article 77 of the General Data Protection Regulation, concerning Coinbase Ireland
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 18th day of November 2022
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 30 July 2018, (“the Data Subject”) lodged a complaint pursuant to Article 77
GDPR with the Berlin Data Protection Authority (“the Recipient SA”) concerning Coinbase
Ireland 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 14 January 2021.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject requested access to the personal data associated with two accounts
created on the Respondent’s service, and then the subsequent erasure of that data.
b. The Data Subject was not satisfied with the Respondent’s response.
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 Recipient SA, 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 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:
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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 was of the opinion that it had already previously fulfilled the Data Subject’s
access request. In the circumstances, the Respondent took the following actions:
a. The Respondent granted the Data Subject with immediate access to the requested
personal data; and
b. Confirmed the erasure of the Data Subject’s personal data.
8. On 12 October 2021, the DPC outlined the subject matter of the Data Subject’s complaint to
the Respondent, requesting that it action the Data Subject’s access and erasure request and
provide a copy of any correspondence exchanged with the Data Subject to the DPC.
9. In response to the DPC, the Respondent asserted that it had previously provided the Data
Subject with access to their personal data, but nonetheless confirmed that it had again
provided the Data Subject with a copy of the personal data held relating to their accounts. The
DPC subsequently received correspondence from the Data Subject via the Recipient SA,
stating that while they had now received their personal data they were still awaiting
confirmation of their erasure request being actioned. Following further engagement with the
Respondent, it provided the DPC with evidence that the Data Subject’s erasure request was
actioned. The Respondent also confirmed that it had written to the Data Subject, informing
them that their erasure request had been actioned.
10. On 6 January 2022, the DPC wrote to the Data Subject via the Recipient SA, outlining the
Respondent’s response. In the circumstances, the DPC asked the Data Subject to notify it,
within two months, if he/she was 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.
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.
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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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