In the matter of the General Data Protection Regulation
DPC Complaint Reference:
IMI Reference:
In the matter of a complaint, lodged by with the Bayerisches Landesamt für
Datenschutzaufsicht (Bavaria DPA) pursuant to Article 77 of the General Data Protection
Regulation, concerning Microsoft Ireland Operations 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 ON 12 MAY 2022)
Dated the 3rd day of November 2023
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 5 May 2022, (“the Data Subject”) lodged a complaint pursuant to Article
77 of the GDPR with the Bayerisches Landesamt für Datenschutzaufsicht (“the Recipient SA”)
concerning Microsoft Ireland Operations 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) of the GDPR, the Recipient SA transferred
the complaint to the DPC on 20 June 2022.
The Complaint
3. The details of the complaint were as follows:
a. On 11 February 2022, the Data Subject received an email from the Respondent, within
which they were informed that they would need to create a new Microsoft account,
so that they could continue to play the Minecraft game. Within this correspondence,
the Respondent also informed the Data Subject that this migration to a Microsoft
account needed to occur by 10 March 2022.
b. On 11 February 2022, the Data Subject responded to the Respondent, contesting the
reasoning for this, and requesting that their access to the game in question remain,
without having to create a Microsoft account. On 16 February 2022, the Data Subject
received a response from the Respondent, directing them to information on the
migration of accounts.
c. In further correspondence to the Respondent on 3 May 2022, the Data Subject
contested the legality of this migration to a Microsoft account under the GDPR. The
Data Subject also noted that they attempted to create an anonymised account, but
were unsuccessful, and therefore the migration did not occur.
d. As the Data Subject did not receive a response from the Respondent, they 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
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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).
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. Further to that engagement, on 4 January 2023, the
Respondent provided information in respect of this account migration. In this regard, the
Respondent noted that certain information, such as email address, selected password,
country, and date of birth were requested for user safety, and to ensure compliance with
relevant child privacy regulations. Within this same response, the Respondent also noted that
users were notified about the migration in advance and given several months to complete the
migration. Those who did not migrate were notified they would lose access to play Minecraft
Java Edition. The Respondent also noted that the Data Subject could still migrate account
ownership, and restore access to their game. The Respondent also offered a full refund of the
game if the Data Subject did not wish to migrate account ownership, as a proposal for
amicable resolution.
8. After further engagement, on 26 January 2023, the Respondent provided a revised amicable
resolution proposal with an improved gesture of goodwill.
9. On 21 March 2023, the DPC wrote to the Data Subject via the Recipient SA, providing the
information as set out above. This letter sought the Data Subject’s views on the Respondent’s
improved proposal, requesting that the Data Subject notify it within a specified timeframe if
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they were not satisfied with the proposal of the Respondent, so that the DPC could investigate
the matter further.
10. On 19 June 2023, the Recipient SA confirmed that it had not received a response from the
Data Subject to this amicable resolution proposal and gesture of goodwill. In the
circumstances, the DPC thereafter requested that the Respondent contact the Data Subject
directly to see if they wished to accept the gesture of goodwill.
11. On 14 July 2023, the Respondent also confirmed to the DPC that it had not received a response
from the Data Subject to this gesture of goodwill proposal. On foot of this response, the DPC
thereafter requested that the Respondent would respectfully honour the gesture of goodwill
made to the Data Subject, should they provide a response at some point in the future.
12. On 19 July 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. On 6 September 2023, the Recipient SA confirmed receipt of the DPC
correspondence, which had advised that the complaint was deemed withdrawn.
13. 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
14. 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.
15. 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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