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 Airbnb Ireland UC
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 15th day of December 2022
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 10 May 2021, (“the Data Subject”) lodged a complaint pursuant to Article 77
GDPR with the Berlin Data Protection Authority (“the Recipient SA”) concerning Airbnb
Ireland UC (“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 1 July 2021.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject was dissatisfied with the Respondent’s response to their access and
erasure requests, which they submitted to it directly.
b. The Respondent responded to the Data Subject’s request stating that it forwarded the
request to a member of the team and would assist the Data Subject; however, the
Data Subject received no subsequent 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 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
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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 Data Subject made an access and erasure request by email while also making a concurrent
account erasure request through the ‘manage your data’ tool. Following phone authentication
for their erasure request, the Data Subject’s account was deleted. In the circumstances, the
Respondent took the following actions:
a. The Respondent reached out to the Data Subject and provided a timeline of events
that led to the erasure of their account.
b. The Respondent offered to help facilitate the Data Subject with any requests that they
may have had in relation to the account they had created with the Respondent.
8. On 26 November 2021, the DPC outlined the Data Subject’s complaint to the Respondent,
noting that they submitted an access and erasure request directly to the Respondent on 21
February 2021, and did not receive a substantial response.
9. On 24 December 2021, the Respondent responded to the DPC stating that based on the
information available, it appeared that the Data Subject made an access and erasure request
through email while also making a concurrent account erasure request through the ‘manage
your data’ tool. Based on the records available, the Data Subject authenticated the ‘manage
your data tool’ erasure request through a phone call. However, the concurrent access and
erasure requests by email were not authenticated despite the Respondent requesting
authentication of the request. The Respondent subsequently carried out the erasure request
the Data Subject authenticated, and therefore the account was deleted.
10. The DPC outlined the Respondent’s explanation to the Data Subject on 15 February 2022. In
the circumstances, the DPC asked the Data Subject to notify it, within two 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.
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11. On 10 August 2022, and in light of the foregoing, the DPC wrote to the Recipient SA noting
that the DPC considered the complaint to have been amicably resolved and withdrawn in
accordance with section 109(3) of the Act and that it would conclude the case and inform the
Respondent.
12. 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
13. 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.
14. 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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