In the matter of the General Data Protection Regulation
DPC Complaint Reference:
IMI Reference:
In the matter of a complaint, lodged by with the Datatilsynet (Norway 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 22 March 2023, (“the Data Subject”) lodged a complaint pursuant to
Article 77 of the GDPR with the Datatilsynet (“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 April 2023.
The Complaint
3. The details of the complaint were as follows:
a. Following the suspension of the Data Subject’s account on 16 February 2023, the Data
Subject contacted the Respondent to seek clarification for the suspension on their
account. The Respondent replied to the Data Subject later the same day, advising that
the account in question had been suspended for a violation of the Respondent’s
Terms of Use and Community Guidelines. The Respondent informed the Data Subject
they would not be able to access their account or create new accounts in the future.
b. The Data Subject corresponded further with the Respondent in relation to the
suspension on their account, however, they were not satisfied with the responses
provided by the Respondent. As a result, on 22 March 2023, the Data Subject
submitted an erasure request of all their personal data, under Article 17 of the GDPR.
c. On 22 March 2023, the Respondent replied to the Data Subject advising that it had
taken steps to remove the account from being visible to others on the platform. On
23 March 2023, the Data Subject re-iterated their request for the deletion of their
personal data. The Respondent advised it retains personal data to meet its legal
obligations after account suspension.
d. 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
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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
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. The DPC first contacted the Respondent on 13 July
2023. Further to that engagement, it was established that the Respondent had suspended the
Data Subject’s account due to a violation of the Respondent’s Terms of Use and Community
Guidelines. In its reply to the DPC, the Respondent advised it conducted a fresh review of the
Data Subject’s suspension and following this review and based on new information that had
since come to light, it determined that the user who reported the Data Subject’s account, was
not a genuine user. In the circumstances, the Respondent agreed to take the following action:
a. To lift the suspension, allowing the Data Subject to regain access to their account
b. To rectify the record of the ban, in line with Article 16 of the GDPR, to make it clear
that the grounds for the ban were subsequently over-turned, and the ban on the
account had been removed
c. To offer the Data Subject a six month free subscription to its platinum service as a
gesture of goodwill
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d. To communicate the outcome of their review and the offer of goodwill directly to the
Data Subject
8. On 18 August 2023, the Respondent communicated the outcome of its review directly to the
Data Subject and its offer of a free six month subscription to its platinum service. In their
response to the Respondent, the Data Subject accepted the information provided and the
gesture of goodwill. On 19 August 2023, the Respondent provided the DPC with a copy of the
correspondence with the goodwill gesture that it had sent to the Data Subject, by way of
proof.
9. On 22 August 2023, the DPC’s letter outlining the actions taken provided by the Respondent
as part of the amicable resolution process issued to the Recipient SA, for onward transmission
to the Data Subject. When doing so, the DPC noted that, the Data Subject had accepted the
information provided by the Respondent and its gesture of goodwill, as such the dispute
between the Data Subject and Respondent appeared to have been resolved. In the
circumstances, the DPC asked the Data Subject to notify it, within a stated 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 24 August 2023.
10. On 8 September 2023, the Recipient SA confirmed to the DPC, that no response had been
received from the Data Subject.
11. On 11 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.
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.
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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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