In the matter of the General Data Protection Regulation
DPC Complaint Reference:
IMI Reference:
In the matter of a complaint, lodged by with Der Hamburgische
Beauftragte für Datenschutz und Informationsfreiheit (Hamburg DPA) pursuant to Article 77 of the
General Data Protection Regulation, concerning Yelp 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 2nd day of June 2023
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 13 October 2021, (“the Data Subject”) lodged a complaint
pursuant to Article 77 of the GDPR with Der Hamburgische Beauftragte für Datenschutz und
Informationsfreiheit (“the Recipient SA”) concerning Yelp 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 14 December 2021.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject emailed the Respondent on 19 June 2019 to request the deletion of
their personal data from their business listing which was no longer in operation on
the Respondent’s website.
b. The Data Subject noted that as they received no response to this initial request, they
contacted the Respondent again on 26 February 2020, requesting the erasure of the
aforementioned personal data under Article 17 GDPR.
c. As the Data Subject had still not received any response from the Respondent to their
requests, the Data Subject 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
b. The nature of the complaint (in this case, an unsuccessful attempt by the Data Subject
to exercise their data subject rights).
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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. Upon assessment of the complaint, the DPC noted that certain relevant documentation had
not been included in the documents provided by the Data Subject when submitting their
complaint to the Recipient SA. On 22 December 2021, the DPC requested this information
from the Data Subject via the Recipient SA. On 22 November 2022, the Recipient SA provided
the DPC with the requested documentation.
8. Following receipt of the requested information, the DPC engaged with both the Data Subject
(via the Recipient SA) and Respondent in relation to the subject matter of the complaint, in
this regard, the DPC first engaged with the Respondent on 22 December 2022. Further to that
engagement, the Respondent advised the DPC that it had closed the Data Subject’s business
account in 2016; furthermore, it had no record of the Data Subject’s erasure requests. As part
of the amicable resolution process, the Respondent agreed to erase the Data Subject’s
personal information and business listing from the website.
9. On 27 January 2023, the Respondent confirmed that it had fully erased the Data Subject’s
personal data and business listing from the website. The Respondent provided the DPC with
evidence of this action in the form of a screenshot.
10. On 1 February 2023, the DPC wrote to the Data Subject, via the Recipient SA, 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. The Recipient SA confirmed that they
issued this correspondence to the Data Subject on 16 March 2023.
11. On 22 March 2023, the Recipient SA informed the DPC that the Data Subject confirmed the
action taken by the Respondent had resolved their complaint and thanked the DPC for their
assistance in resolving the matter.
12. On 23 March 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
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accordance with section 109(3) of the Act and that it would conclude the case and inform the
Respondent. The Recipient SA confirmed receipt of the DPC correspondence on the same day,
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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