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 MTCH Technology
Services 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 12th day of January 2024
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 11 August 2023, (“the Data Subject”) lodged a complaint pursuant to
Article 77 of the GDPR with the Data Protection Commission (“the DPC”) concerning MTCH
Technology Services Limited (“the Respondent”).
2. The DPC was deemed to be the competent authority for the purpose of Article 56(1) of the
GDPR.
The Complaint
3. The details of the complaint were as follows:
a. Following the suspension of their account, the Data Subject emailed the Respondent
on 28 July 2023, to request erasure of their personal data. The Respondent replied on
the same day advising that it had suspended the Data Subject’s account due to a
violation of its Terms of Service and Community Guidelines.
b. In their reply of 1 August 2023, the Data Subject re-iterated their request for erasure
of their personal data and sought clarification from the Respondent as to why it
retains personal data following the ban on their account. On 15 August 2023, the
Respondent advised the Data Subject that it retains account information of banned
accounts to prevent banned members from creating new accounts and cited legal
reasons for the retention of this data.
c. As the Data Subject was not satisfied with the response provided by the Respondent,
they lodged their 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 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 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. The DPC first contacted the Respondent on 5 October 2023. Further to that
engagement, it was established that the Data Subject’s account was suspended due to a
violation of the Respondent’s Terms of Use and Community Guidelines. Following this
suspension, it had retained the Data Subject’s personal data in line with its data retention
policy. In its reply to the DPC, the Respondent advised that following a recent change to its
Community Guidelines it had lifted the ban on the Data Subject’s account on 3 October 2023,
and informed the Data Subject of this action on the same day. The Respondent noted that the
Data Subject had paid a subscription to avail of the premium service of the platform when the
ban occurred. In the circumstances, the Respondent offered a refund of the subscription for
the length of time the ban was placed on the account as a gesture of goodwill, and
communicated this offer directly to the Data Subject on 30 October 2023.
8. On 3 November 2023, the Respondent informed the DPC that it had not received a response
from the Data Subject in relation to its offer of a refund.
9. On 6 November 2023, the DPC wrote to the Data Subject, outlining the information provided
by the Respondent and its offer of a refund of the subscription. The DPC also requested the
Data Subject notify it, within a specified timeframe, if they were not satisfied with the
outcome, so that the DPC could take further action. The Data Subject replied on the same
day, noting that the action taken by the Respondent had amicably resolved their complaint.
In response, the DPC sought clarity from the Data Subject in relation to whether they availed
of the refund offered by the Respondent.
10. On 13 November 2023, the Data Subject advised the DPC that they would accept the
Respondent’s offer of a refund. The DPC engaged with the Respondent on the same day,
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confirming that the Data Subject accepted its offer of a refund. On 22 November 2023, the
Respondent confirmed to the DPC that it had processed the refund of the subscription to the
Data Subject.
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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