In the matter of the General Data Protection Regulation
DPC Complaint Reference:
IMI Complaint Reference Number:
In the matter of a complaint, lodged by with the Autoriteit
Persoonsgegevenspursuant (Dutch SA) to Article 77 of the General Data Protection Regulation,
concerning Microsoft Ireland Operations 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 March 2023
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 3 February 2022, , represented by a solicitor, (“the Data Subject”)
lodged a complaint pursuant to Article 77 GDPR with the Autoriteit
Persoonsgegevenspursuant (“the Recipient SA”) concerning Microsoft Ireland Operations
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) GDPR, the Recipient SA transferred the
complaint to the DPC on 16 March 2022.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject contacted the Respondent in December 2021, requesting it to delist
a number of URLs.
b. The Data Subject was not satisfied with the response they received from the
Respondent.
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
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
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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. On 21 June 2022, the DPC outlined the complaint to
the Respondent. The DPC noted that, based on the correspondence received by the DPC, it
appeared that the Data Subject had already submitted a delisting request, which was
successful. The request previously granted by the Respondent related to the images
associated with the URL addresses requested for delisting in the present complaint. The DPC
requested the Respondent to review the complained of URLs and to outline any reasons why
the Respondent might believe that the URLs cannot be delisted.
8. On 18 July 2022, the DPC held a meeting with the Respondent to discuss this complaint among
others. Following the meeting the Respondent agreed to delist complained of URLs. The
Respondent wrote to the DPC on 26 July 2022, to confirm that the URLs will be delisted.
9. On 17 August 2022, the DPC wrote to the Data Subject noting that the Respondent had
evaluated the URLs again and agreed that they can be delisted. When doing so, the DPC noted
that, now that the URLs which were the subject matter of the complaint had been delisted,
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 two months, if they
were not satisfied with the outcome, so that the DPC could take further action. The DPC did
not receive any further communication from the Data Subject and, accordingly, the complaint
has been deemed to have been amicably resolved.
10. On 28 October 2022, 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
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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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