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 16th day of October 2023
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 11 April 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 had developed a Chrome extension for use with the Respondent’s
search engine. The Respondent subsequently informed the Data Subject that it had
removed this Chrome extension from its Web Store on the grounds that it was
“performing malicious activities which are harmful to users”.
b. On 6 January 2023, the Data Subject submitted an access request pursuant to Article
15 GDPR in order to obtain more information about why their Chrome extension was
removed and to understand the decision-making process involved.
c. On 25 January 2023, the Respondent replied to acknowledge receipt of the Data
Subject’s request and to explain that it needed to extend the timeframe required for
a response.
d. No further response was received from the Respondent and, accordingly, the Data
Subject lodged a complaint with 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:
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a. The relationship between the Data Subject and Respondent (being, in this case, an
individual user 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 10 August 2023, the DPC wrote to the Respondent formally commencing
its investigation and requesting it address the concerns raised.
8. In response, the Respondent explained the reasons why the Data Subject’s Chrome extension
had been removed from its Web Store. The Respondent further explained that it had since
carried out a review of that decision and was satisfied that the removal could be reversed. As
a result, the Respondent reinstated the Data Subject’s Chrome extension to its Web Store.
The Respondent reached out to the Data Subject directly to explain the foregoing and
provided a copy of this correspondence to the DPC.
9. In light of the explanations provided by the Respondent and its reinstatement of the Data
Subject’s Chrome extension to the Web Store, the DPC considered it appropriate to conclude
the complaint by way of amicable resolution. As such, on 30 August 2023, the DPC wrote to
the Data Subject proposing an amicable resolution to the complaint on the basis of the
foregoing actions. 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 5 September 2023, the Data Subject responded to the DPC to confirm that
they were satisfied that the complaint had been amicably resolved.
10. 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.
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Confirmation of Outcome
11. 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.
12. 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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