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 Aut O'Mattic A8C Ireland 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 17th day of November 2023
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 7 November 2021, (“the Data Subject”) lodged a complaint
pursuant to Article 77 of the GDPR with Bayerisches Landesamt für Datenschutzaufsicht (“the
Recipient SA”) concerning Aut O'Mattic A8C Ireland 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 21 June 2022.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject contacted the Respondent on 2 November 2021, requesting erasure
of personal data concerning them, pursuant to Article 17 of the GDPR, contained in a
blog post on the Respondent’s website, that had been uploaded by a third party user.
b. On 3 November 2021, the Respondent replied to the Data Subject’s request, advising
them to contact the uploader directly with the erasure request. The Respondent also
advised the Data Subject that it would be agreeable to forward their request to the
uploader on the Data Subject’s behalf if they wished for it to do so.
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:
a. The relationship between the Data Subject and Respondent (being, in this case, an
individual consumer and a service provider); and
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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, on 17 October 2022, the
Respondent advised the DPC that it indicated to the Data Subject that they should contact the
uploader of the content in this case directly. The Respondent also confirmed that it would be
willing to forward the Data Subject’s request to the uploader, in order to facilitate an amicable
resolution in this case.
8. On 25 October 2022, the DPC wrote to the Data Subject, via the Recipient SA, providing them
with this information and requesting that they notify the DPC within a stated timeframe, if
they wished to proceed with the Respondent’s suggested amicable resolution proposal. On
10 January 2023, the Data Subject replied to the DPC, via the Recipient SA. This
correspondence advised that the Data Subject wished to proceed with the Respondent’s
proposal to contact the uploader of the content on the Data Subject’s behalf, to seek the
content’s removal.
9. The DPC continued to engage with both the Data Subject and the Respondent in order to bring
about an amicable resolution to the complaint.
10. Following further engagement with the Respondent, on 24 May 2023, the Respondent
confirmed to the DPC that it liaised with the site owner who agreed to remove the Data
Subject’s name and personal contact details from the post. Following this, on 29 May 2023,
the Respondent provided a further update and confirmed that all instances of the personal
data relating to the Data Subject had been removed. The DPC forwarded this confirmation to
the Data Subject, via the Recipient SA, on the same day, seeking their views on the action
taken by the Respondent. This correspondence requested that the Data Subject notify the DPC
within a specified timeframe, if they were not satisfied with the action taken by the
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Respondent, so that the DPC could investigate the matter further. The Recipient SA issued this
correspondence to the Data Subject on 31 May 2023.
11. On 1 August 2023, the DPC was informed, via the Recipient SA, that the Data Subject was
agreeable to the amicable resolution proposal and that the case can be closed.
12. On 15 August 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 14 September 2023, the Recipient SA confirmed receipt of the DPC
correspondence, which had advised that the complaint was deemed withdrawn.
13. 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
14. 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.
15. 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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