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 German Federal Data Protection
Authority pursuant to Article 77 of the General Data Protection Regulation, concerning WhatsApp
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 Internal EDPB Document 06/2021 on the practical implementation
of amicable settlements (adopted on 18 November 2021)
RECORD OF AMICABLE RESOLUTION FOR THE
PURPOSE OF INTERNAL EDPB DOCUMENT 06/2021 ON
THE PRACTICAL IMPLEMENTATION OF AMICABLE
SETTLEMENTS, ADOPTED 18 NOVEMBER 2021
Dated the 18th day of November 2022
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 23 February 2021, (“the Data Subject”) lodged a complaint pursuant to
Article 77 GDPR with the German Federal Data Protection Authority (“the Recipient SA”)
concerning WhatsApp 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 24 March 2021.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject submitted an access request to the Respondent on 10 January 2021.
b. The Data Subject did not receive any response from the Respondent.
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 Internal EDPB Document 06/2021 on the
practical implementation of amicable settlements, adopted on 18 November 2021
(“Document 06/2021”), 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 failed to address the Data Subject’s access request due to administrative
reasons. In the circumstances, the Respondent agreed to take the following action:
a. The Respondent agreed to write to the Data Subject, outlining how they can access
their personal data, and providing an explanation of how it processes their personal
data in accordance with Article 15(1)(a)-(h) GDPR.
b. The Respondent acknowledged that its response to the Data Subject’s access request
had been delayed, and confirmed that it was working on its processes to minimise the
risk of delays.
8. On 8 June 2021, the DPC outlined the Data Subject’s complaint to the Respondent. The DPC
also requested that the Respondent address why it did not respond to the Data Subject’s
access request within the required timeframe.
9. On 5 July 2021, the Respondent confirmed that it contacted the Data Subject directly and
explained how they could access and download their personal data, and provided the DPC
with a copy of this correspondence. The Respondent also acknowledged that its response to
the Data Subject’s access request had been delayed due to administrative reasons, noting that
it had been receiving a large amount of user requests following its recent Terms of Service
and Privacy Policy updates, and that it was continuing to work on its processes to minimise
the risk of delays. 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.
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.
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Confirmation of Outcome
11. For the purpose of Document 06/2021, 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 06/2021 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:
_____________________________
Deputy Commissioner
Data Protection Commission
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