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 Data Protection Authority of Bavaria
for the Private Sector pursuant to Article 77 of the General Data Protection Regulation, concerning
Paysafe Payment Solutions 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 11th day of July 2023
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 13 April 2019, (“the Data Subject”) lodged a complaint pursuant to Article
77 GDPR with the Data Protection Authority of Bavaria for the Private Sector (“the Recipient
SA”) concerning Paysafe Payment Solutions 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 15 September 2020.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject asserted that the Respondent had supplied an erroneous credit
rating relating to them to a national credit-reporting agency. As a result, on 30 March
2019, the Data Subject submitted an access request pursuant to Article 15 GDPR.
Following direct engagement between the Data Subject and the national credit-
reporting agency, on 12 April 2019, the agency confirmed that the credit rating entry
had been removed.
b. However, the Data Subject asserted that, apart from an acknowledgement of their
access request, they had received no further response 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).
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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. The DPC engaged with both the Data Subject (via the Recipient SA) and the Respondent in
relation to the subject-matter of the complaint.
8. On 23 December 2022, the DPC wrote to the Respondent, formally commencing its
investigation. The DPC raised a number of queries with the Respondent and requested that
the Respondent address the Data Subject’s access request.
9. On 23 January 2023, the Respondent responded to the DPC confirming that it had now
responded to the access request and provided the Data Subject with access to their personal
data. The Respondent explained that its failure to respond to the Data Subject’s access request
had been due to an internal miscommunication. The Respondent outlined that it had
conducted an investigation and had subsequently improved its processes and training to
mitigate against the risk of any similar recurrences.
10. On 3 May 2023, the DPC wrote to the Data Subject via the Recipient SA outlining the
Respondent’s actions in response to their complaint. In light of the explanations provided by
the Respondent for the delay in addressing the access request, as well as its commitment to
address those issues in future, and in light of the fact that the Data Subject’s access request
had now been actioned, the DPC considered that the issues raised by the Data Subject
appeared to have been addressed. The DPC therefore proposed to conclude the complaint by
way of amicable resolution. In the circumstances, the DPC asked the Data Subject to notify it,
within a specified timeframe, if they were not satisfied with the outcome, so that the DPC
could take further action. On 26 May 2023, the Recipient SA confirmed to the DPC that no
response had been received within that time. Accordingly, the complaint has been deemed to
have been amicably resolved.
11. On 6 June 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.
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12. 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
13. 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.
14. 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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