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 Google 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 12 MAY 2022
Dated the 6th day of September 2023
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 16 March 2023, (“the Data Subject”) lodged a complaint pursuant to Article
77 GDPR with the Data Protection Commission (“the DPC”) concerning Google Ireland Limited
(“the Respondent”).
2. The DPC was deemed to be the competent authority for the purpose of Article 56(1) GDPR.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject received an email from the Respondent about an update to its
Google Play Terms of Service. The Data Subject stated that they never signed up for
any of the Respondent’s services using the email address to which the above email
was received.
b. The Data Subject then wrote to the Respondent querying (i) how it obtained their
name and email address; (ii) how it linked their name to the email address; and (iii)
for what purposes it processed their name and email address.
c. The Respondent requested further information in order to respond to the queries
above, which the Data Subject duly provided. However, no further response was
received and, accordingly, the Data Subject submitted a complaint to 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 Data Subject, 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. On 19 June 2023, the DPC wrote to the Respondent formally commencing
its investigation and requesting that it address the concerns raised.
8. In its response, the Respondent explained that the Data Subject holds an active Google
account in their name (that name having been inputted by the Data Subject at the time of the
account creation), and that the email address in question was added as a secondary email
address to this active account. The Respondent was able to confirm that the secondary email
address had been manually added to the Google Account “by a user who was signed into the
Google Account from a device located in Belgium” and provided the relevant date on which
this was done (the DPC therefore understood that this secondary email address appeared to
have been added by the Data Subject themselves). The Respondent further explained how the
Data Subject could manage their email addresses and add or remove additional email
addresses to and from their Google Account if they wished. The Respondent also explained
that the secondary email was set up as a ‘contact email’ for the Data Subject’s account, and
that the Respondent notifies the contact email address when there is important information
its users need to know relating to their Google Account and/or the products and services they
use. This was the reason why the email in question (about the update to the Respondent’s
Google Play Terms of Service) was received by the secondary email address.
9. Regarding the purposes for which the Respondent processed the Data Subject’s name and
email address, the Respondent explained that the Data Subject’s name is simply the name
associated with the account and so it would be processed in the manner described in its
Privacy Policy. In relation to the processing of the secondary email Address, the Respondent
explained that this was processed (as the contact email address) in order to provide the Data
Subject with notice of changes to the Google Play Terms of Service.
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10. In addition, the Respondent addressed the delay in responding to the Data Subject’s queries
at the time they were first raised. The Respondent explained that, having obtained the
additional information requested from the Data Subject, a delay arose due to human error
which resulted in a delay reverting. The Respondent explained that it would protect against
similar delays in future.
11. In light of the fact that the Respondent had now fully addressed each of the Data Subject’s
three queries, as well as provided an explanation for the delay in responding to those queries
at the time they were first raised, the DPC considered it appropriate to conclude the complaint
by way of amicable resolution. As such, on 28 July 2023, the DPC wrote to the Data Subject
proposing an amicable resolution to the complaint. 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 the same date (28 July 2023), the Data
Subject responded to this letter confirming that they agreed to the amicable resolution of
their complaint and that they did not seek any further action. Accordingly, the complaint has
been deemed to have been amicably resolved.
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:
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_____________________________
Deputy Commissioner
Data Protection Commission
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