BAYERISCHES LANDESAMT FÜR DATENSCHUTZAUFSICHT
Data Protection Authority of Bavaria for the Private Sector
________________________________________________________________________________________________________
Our reference: LDA-1085.1-3798/20-F
IMI Art. 56: 166627
IMI draft decision: 521192
Controller:
On the basis of the draft decision of the Dutch Autoriteit Persoonsgegevens (NL SA) No. 521192, the Data
Protection Authority of Bavaria for the Private Sector (BayLDA) pursuant to Article 60(8) of the GDPR is-
sues the following
Final Decision:
The complaint is rejected.
Justification:
The complaint was received by the BayLDA on 18 April 2020 and was forwarded via IMI to the NL SA as
the lead data protection supervisory authority for the controller.
On 30 May 2023 the NL SA submitted the draft decision no. 521192 to the concerned supervisory authori-
ties with the following contents:
IMI Article 56 identification of LSA and CSA entry 166627
IMI Case Register entry 521146
National file number LDA-1085.1-3798/20-F
Controller Wallet Solutions
Date of receipt of complaint 18.04.2020
With regard to the abovementioned case and pursuant to Article 60(3) of the General Data Protection
Regulation (GDPR), the Autoriteit Persoonsgegevens (Dutch Data Protection Authority, hereafter: NL
SA) has issued the following draft decision:
Summary of the Case
1. On 30 November 2020 an article 56 notification with number 166627 was broadcasted by the
Bavarian SA. As the controller at the time the complaint that was the subject of the article 56
procedure was established in the Netherlands, the NL SA considered itself the lead authority (LSA)
in the matter, in accordance with article 56 GDPR.
2. The complainant had contacted controller – a debt collecting company - (in March and later again
in May 2020) to request access to data and to be informed with regard to the origin of the data,
processed by the controller, and whether the data had been transferred to any third party. The
complainant did not receive a satisfactory answer. That is why he filed a complaint with the
Bavarian SA.
Investigation by the NL SA
3. Because of capacity, the complaint was not assigned to a case handler until 2022. Considering
that quite some time had passed between the lodging of the complaint and the start of the active
phase of case handling by the NL SA, the NL SA asked the complainant whether his complaint was
still actual on 22 August 2022 (informally, per email) and on 22 October 2022 (officially, per
VMAN over IMI – VMAN 446811).
4. The NL SA has not heard from the complainant, nor per email nor as the result of communications
with the Bavarian SA over IMI.
Norm allegedly infringed
Articles 6, 12, 13, 14 and 15 GDPR.
Proposed action by the NL SA
1. Considering the lack of a response from the complainant to confirm whether or not the complaint
has been resolved, the NL SA has no reason to believe that the processing of personal data was
not lawful based on Articles 6, 12, 13, 14 and 15 of the GDPR.
2. Considering the above the NL SA finds no infringement of the GDPR in this case.
3. The NL SA deems this matter investigated to the extend appropriate and rejects the complaint ex
article 60(8) GDPR. The supervisory authority with which the complaint was lodged (the regulatory
authority in Bavaria) shall adopt the decision and notify it to the complainant and shall inform the
controller thereof.
As the concerned supervisory authorities (including BayLDA) did not object to this draft decision, the
BayLDA hereby adopts this draft decision as final decision in accordance with Article 60(8) of the GDPR.
Ansbach, 17.08.2023