In the matter of the General Data Protection Regulation
DPC Complaint Reference:
IMI Complaint Reference:
In the matter of a complaint, lodged by with the Berliner Beauftragte für
Datenschutz und Informationsfreiheit Data Protection Commission pursuant to Article 77 of the
General Data Protection Regulation, concerning Airbnb Ireland UC
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 2nd day of October 2023
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 7 December 2022, (“the Data Subject”) lodged a complaint pursuant to
Article 77 GDPR with the Berliner Beauftragte für Datenschutz und Informationsfreiheit (“the
Recipient SA”) concerning Airbnb Ireland UC (“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 23 February 2023.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject was listed as a host on the Respondent’s platform in respect of two
properties. On 17 November 2022, the Data Subject received correspondence from
someone purporting to be a “registration specialist”, advising that two properties
which they had listed on the Respondent’s platform were not in compliance with local
legislative requirements, and advising that they should take certain actions in order
to continue to be permitted to host those properties on the platform.
b. The Data Subject responded to state that they no longer operated their previous
hosting business and requested access to their data as well as the deletion of their
account.
c. In response, the registration specialist informed the Data Subject that they were not
allowed to process such requests and that the Data Subject should contact the
Respondent’s customer support team instead.
d. The Data Subject was not satisfied with this response and, accordingly, 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
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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
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 5 May 2023, the DPC wrote to the Respondent formally commencing its
investigation and requesting that it address the concerns raised. In response, the Respondent
explained that the Data Subject was contacted by an external agent acting on behalf of the
Respondent in relation to a specific project it had initiated in order to make sure certain
properties listed on its platform were in compliance with local law requirements in the region
of Germany where those properties were located. The Respondent advised that this project
had now concluded.
8. The Respondent further explained the various means and channels through which data
subjects can exercise their data subject rights, and explained, with specific reference to
paragraphs 53 to 57 of the EDPB’s ‘Guidelines 01/2022 on data subject rights – Right of
access’, that the channel to which the Data Subject had communicated their access and
erasure requests was not competent to deal with such requests. The Respondent explained
that the appropriate course of action for the agent in question was to direct the Data Subject
to a team that was equipped to deal with such requests.
9. The Respondent nonetheless apologised for the inconvenience caused to the Data Subject,
and stated that it would review the project to determine what improvements could be made
in future to give greater guidance and clarity to data subjects. The Respondent stated that it
would now action the Data Subject’s access request and, subject to the Data Subject’s
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confirmation of satisfactory receipt, would then delete the account as requested. Further, and
in the interest of achieving an amicable resolution to the complaint, the Respondent proposed
a settlement offer to the Data Subject.
10. The DPC considered the Respondent’s proposal and weighted this against the explanations
provided by the Respondent, and the actions it had agreed to take, in response to the DPC’s
investigation. In the circumstances, the DPC considered it appropriate to conclude the
complaint by way of amicable resolution.
11. As such, on 22 June 2023, the DPC wrote to the Data Subject (via the Recipient SA) informing
them of the explanations provided by the Respondent as set out above, as well as the
settlement offer made, and 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 9 August 2023, the Recipient SA confirmed to the DPC that the Data Subject agreed
to the amicable resolution of their complaint as proposed. Accordingly, and following
subsequent confirmation received by the DPC as to the performance of the settlement
referred to above, 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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