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 Garante per la protezione dei
dati personali pursuant to Article 77 of the General Data Protection Regulation, concerning Yahoo
EMEA 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 18th day of July 2023
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. (“the Data Subject”) lodged a complaint pursuant to Article 77 GDPR with
the Garante per la protezione dei dati personali (“the Recipient SA”) concerning Yahoo EMEA
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 25 July 2019.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject submitted a delisting request to the Respondent in respect of a
number of URLs that were returning against a search on their name. The URLs related
to news articles published about the Data Subject’s professional life, the truth of
which was disputed by the Data Subject. The Data Subject also cited the
disproportionately negative impact the accessibility of the URLs was having on their
private life.
b. The Respondent refused to delist the URLs sought, on the basis that the Data Subject
did not appear to reside within the European Union.
c. The Data Subject was dissatisfied with this response and subsequently submitted their
complaint to 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 identified in search results and the service provider responsible for
providing those search results); 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 (via the Recipient SA) and Respondent in relation
to the subject-matter of the complaint. On 9 June 2020, the DPC wrote to the Respondent
formally commencing its investigation and requesting the Respondent to address the
concerns raised. The DPC emphasised that the applicability of GDPR does not depend on the
residence of a data subject, and explained that it had nonetheless confirmed with the
Recipient SA that the data subject had since returned to live within the EU.
8. Over the course of the investigation, the Respondent agreed to review its position and
accepted all URLs for delisting. The Respondent subsequently agreed to delist a number of
additional URLs not submitted with the original request but which related to the same or
similar subject matter. These additional URLs were not identified by the Data Subject at the
time of the initial complaint, but instead were raised over the course of the DPC’s complaint-
handling. Although these URLs were not submitted by the Data Subject to the Respondent
directly in the first instance, the Respondent agreed to delist at the request of the DPC.
9. On 15 November 2022, the DPC wrote to the Data Subject (via the Recipient SA) proposing an
amicable resolution to the complaint on the basis that all URLs submitted for delisting
(including a number of additional URLs) had now been delisted by the Respondent. The DPC’s
letter asked the Data Subject to notify it, within a specified timeframe, if they were not
satisfied with this 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 22 May 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.
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
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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