In the matter of the General Data Protection Regulation
DPC Complaint Reference:
IMI Reference:
In the matter of a complaint, lodged by with the Commission Nationale de
l'Informatique et des Libertés (France 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 12 MAY 2022
Dated the 13th day of November 2023
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. (“the Data Subject”) lodged a complaint pursuant to Article 77 GDPR with the
Commission Nationale de l'Informatique et des Libertés (France DPA) (“the Recipient SA”)
concerning MTCH Technology Services Limited (“the Respondent”).
2. In the 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 30 May 2023.
The Complaint
3. The details of the complaint were as follows:
a. On 13 September 2022, the Data Subject contacted the Respondent seeking to obtain
access to their personal data.
b. In response, the Respondent directed the Data Subject to its self-service tools.
However, the Data Subject wanted access to their data without having to use their
Tinder app, because they needed to provide their access file to their lawyer. The Data
Subject’s understanding appeared to be that they could not avail of the self-service
tools outside of the app.
c. The Data Subject was therefore dissatisfied with the Respondent’s response and,
accordingly, 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 and the Respondent in relation to the subject
matter of the complaint. On 25 July 2023, the DPC wrote to the Respondent formally
commencing its investigation and requesting that it address the concerns raised.
8. In response, the Respondent explained that the Data Subject’s communications with the
customer care team dealing with their queries appeared to have resulted in a
misunderstanding as to the nature and function of its self-service tools. The Respondent
explained to the DPC that its self-service tools are web-based and so can be accessed and
availed of without using the app. The Respondent further explained that its self-service tools
would prompt the Data Subject to enter their email address and that they would then receive
a link to download their data via email. This would have allowed the Data Subject to share the
downloaded copy of their data with a third party, if they wished to do so, without that third
party needing access to the Data Subject’s app.
9. In light of the explanations provided by the Respondent as set out above, the DPC considered
it appropriate to conclude the complaint by way of amicable resolution. As such, on 17 August
2023, the DPC wrote to the Data Subject (via the Recipient SA) outlining the Respondent’s
response to its investigation and explaining how they could access their information and
provide that information to their lawyer without having to use the app. In the circumstances,
the DPC asked the Data Subject to notify it, within a specified timeframe, if they were not
satisfied with the outcome, so that the DPC could take further action. On 26 September 2023,
the Recipient SA confirmed to the DPC that no response had been received from the Data
Subject and, accordingly, the complaint has been deemed to have been amicably resolved.
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10. On 10 October 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.
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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