In the matter of the General Data Protection Regulation
DPC Complaint Reference:
In the matter of a complaint, lodged by with the Data Protection Commission 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 19th day of December 2023
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 3 June 2023, (“the Data Subject”) lodged a complaint pursuant to Article 77 of
the GDPR with the Data Protection Commission (“the DPC”) concerning MTCH Technology
Services Limited (“the Respondent”).
2. The DPC was deemed to be the competent authority for the purpose of Article 56(1) of the
GDPR.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject contacted the Respondent on 28 May 2023, to request the erasure
of their personal data, pursuant to Article 17 of the GDPR, following the suspension
of their account.
b. The Respondent replied on the same day, advising that as the Data Subject had
violated its Terms of Use and Community Guidelines, their account would remain
suspended. Therefore, they would be unable to create a new account on the platform.
In their reply of 29 May 2023, the Data Subject noted that the Respondent did not
address their GDPR request and re-iterated their request for the erasure of their
personal data.
c. As the Data Subject was not satisfied with the response received from the
Respondent, they lodged a complaint with the DPC.
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 and Respondent in relation to the subject matter
of the complaint. The DPC first contacted the Respondent on 19 October 2023. Further to that
engagement, it was established that the Data Subject’s account was suspended due to a
violation of the Respondent’s Terms of Use and Community Guidelines. Following this
suspension, it had retained the Data Subject’s personal data in line with its data retention
policy. In its reply to the DPC, the Respondent advised it conducted a fresh review of the Data
Subject’s suspension. In the circumstances, the Respondent agreed to lift the suspension on
the account and communicated this action directly to the Data Subject on 1 November 2023.
8. On 6 November 2023, the DPC wrote to the Data Subject, seeking their views on the action
taken by the Respondent. The DPC also requested the Data Subject to notify it, within a
specified timeframe, if they were not satisfied with the actions of the Respondent, so that the
DPC could take further action.
9. On 13 November 2023, the Data Subject confirmed to the DPC that the action taken by the
Respondent had resolved their complaint and thanked the DPC for their assistance in resolving
the matter.
10. 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
11. For the purpose of Document 06/2022, the DPC confirms that:
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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.
12. 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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