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 Riot Games 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 15th day of December 2022
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 13 March 2021, (“the Data Subject”) lodged a complaint pursuant to Article
77 GDPR with the Berlin Data Protection Authority (“the Recipient SA”) concerning Riot
Games 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 15 July 2021.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject contacted the Respondent on numerous occasions requesting
access to their personal data.
b. The Data Subject was not satisfied with the response received 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 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 Respondent had issued the Data Subject with their requested personal data, but not in a
timely manner or within the prescribed period for access requests under the GDPR. In the
circumstances, the Respondent took the following action:
a. The Respondent conducted an investigation into the Data Subject’s access request
and further correspondence going unanswered.
8. On 3 December 2021, the DPC outlined the Data Subject’s complaint to the Respondent. The
DPC noted that the Data Subject submitted an access request and received an automatic
response stating that the Data Subject would receive their requested data within 30 days.
However, the DPC also informed the Respondent that the Data Subject did not receive their
data, and that the Data Subject subsequently requested their data again on 13 and 15 April
2021.
9. On 14 December 2021, the Respondent responded to the DPC. The Respondent confirmed to
the DPC that it had provided the Data Subject with their subject access report on 26 October
2021 and 14 December 2021, and that it had apologised to the Data Subject for the handling
of their access request. The Respondent informed the DPC that it did not respond to the Data
Subject’s access request in a timely manner and stated that a technical error occurred which
prevented its support agents from being able to fulfil the Data Subject’s access request. The
Respondent clarified that it conducted a thorough investigation into the technical issue and it
believed the root cause to be remediated. The Respondent acknowledged that it failed to
respond to the Data Subject’s further correspondence, but believed this to be an isolated case.
The Respondent assured the DPC that it would ensure that this would not happen again in the
future. 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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10. On 27 October 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.
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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