In the matter of the General Data Protection Regulation
DPC Complaint Reference:
IMI Reference:
In the matter of a complaint, lodged by with the Bayerisches Landesamt für
Datenschutzaufsicht (Bavaria DPA) pursuant to Article 77 of the General Data Protection
Regulation, concerning MTCH Technology Services 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 10th day of November 2023
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 24 July 2021, (“the Data Subject”) lodged a complaint pursuant to Article
77 of the GDPR with the Bayerisches Landesamt für Datenschutzaufsicht (“the Recipient SA”)
concerning MTCH Technology Services 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) of the GDPR, the Recipient SA transferred
the complaint to the DPC on 25 November 2021.
The Complaint
3. The details of the complaint were as follows:
a. Following the suspension of the Data Subject’s account on 3 January 2021, the Data
Subject sought a copy of their data from the Respondent on 22 July 2021 and received
a copy of their data that same day. The Data Subject subsequently submitted an
erasure request under Article 17 of the GDPR later that day.
b. The Respondent replied to the Data Subject on 23 July 2021 advising that it had taken
steps to remove the account from being visible to others on the platform. The Data
Subject responded on the same day, advising that following the suspension of their
account six months ago, the Respondent was still retaining their personal data and
therefore re-iterated their request for erasure of their personal data. The Respondent
replied citing legal reasons for the retention of the personal data.
c. As the Data Subject was not satisfied with the response received from the
Respondent, they lodged a complaint with the Recipient SA.
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:
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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 (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 suspended the Data Subject’s account due to the Data Subject’s violation
of the Respondent’s Community Guidelines. Following this suspension, it had retained the
Data Subject’s personal data in line with its data retention policy. In the circumstances, the
Respondent agreed to take the following action:
a. To conduct a fresh review of the Data Subject’s suspension. Following this review, the
Respondent chose to lift the suspension, which would allow the Data Subject to create
a new account on the platform, should they wish to do so.
b. To communicate the outcome of its review and provide further information on its
data retention practices directly to the Data Subject.
8. On 24 June 2022, the DPC’s letter outlining the actions taken by the Respondent as part of the
amicable resolution process issued to the Recipient SA, for onward transmission to the Data
Subject. In its correspondence to the Data Subject, the DPC requested that the Data Subject
notify it, within a specified timeframe, if they were not satisfied with the actions taken by the
Respondent, so that the DPC could take further action. The Recipient SA confirmed to the DPC
that they issued this correspondence to the Data Subject on 7 September 2022.
9. On 9 November 2022, the Recipient SA informed the DPC that the Data Subject had responded
to the DPC’s letter noting their dissatisfaction with the response provided by the Respondent
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in relation to the retention of their personal data. As a result, the Data Subject requested
confirmation of the deletion of the remaining personal data.
10. The DPC continued to engage with both the Data Subject and the Respondent in order to bring
about an amicable resolution to the complaint. Over the course of the handling of the
complaint, the DPC maintained regular contact with the Data Subject to keep them informed
of the progression and status of their complaint. As part of this further engagement, the
Respondent provided confirmation of the deletion dates of the remaining personal data to
the DPC.
11. On 14 June 2023, the DPC wrote to the Data Subject via the Recipient SA, confirming the
deletion date of the remaining personal data, as part of the amicable resolution process. In its
correspondence to the Data Subject, the DPC requested that the Data Subject notify it, within
a specified timeframe, if they were not satisfied with the actions taken by the Respondent, so
that the DPC could take further action. The Recipient SA confirmed to the DPC that they issued
this correspondence to the Data Subject on 19 June 2023.
12. On 13 September 2023, the Recipient SA confirmed to the DPC, that no response had been
received from the Data Subject.
13. On 18 September 2023, 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. On 19 September 2023, the Recipient SA confirmed receipt of the DPC
correspondence, which had advised that the complaint was deemed withdrawn.
14. 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
15. 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.
16. 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.
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Signed for and on behalf of the DPC:
_____________________________
Deputy Commissioner
Data Protection Commission
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