In the matter of the General Data Protection Regulation
DPC Complaint Reference:
IMI Reference:
In the matter of a complaint, lodged by with the Agencia
Española de Protección de Datos (Spain DPA) pursuant to Article 77 of the General Data Protection
Regulation, concerning Apple Distribution International 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 16th day of February 2024
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
1
Background
1. On 9 February 2023, (“the Data Subject”) lodged a complaint
pursuant to Article 77 of the GDPR with the Agencia Española de Protección de Datos (“the
Recipient SA”) concerning Apple Distribution International 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 14 July 2023.
The Complaint
3. The details of the complaint were as follows:
a. Upon discovering that an unauthorised third party had compromised their account,
the Data Subject emailed the Respondent on 10 October 2022, to request erasure of
their account, as they were unable to gain access to their account.
b. The Respondent replied on 14 October 2022, providing the Data Subject with a link to
contact a member of their Technical Team to assist them with their account, and
provided a further link to information as to how the Data Subject could download a
copy of their data associated with their account.
c. As the Data Subject was not satisfied with the response received 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
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
2
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. The DPC first contacted the Respondent on 11
September 2023. Further to that engagement, it was established that the Respondent did not
receive a reply from the Data Subject to its correspondence of 14 October 2022, and
considered the matter resolved at the time. Upon receipt of the complaint, the Respondent
acknowledged that the Data Subject now wished to proceed with their erasure request. In
the circumstances, the Respondent agreed to review the account to determine whether the
account was eligible for deletion and proposed to contact the Data Subject directly to assist
with their erasure request. On 22 September 2023, the DPC agreed to the Respondent’s
proposal, and requested the Respondent provide an update to the DPC on its engagement
with the Data Subject.
8. On 20 October 2023, the Respondent informed the DPC that on 6 October 2023, the Data
Subject had confirmed that they agreed to the deletion terms and as a result, the Respondent
initiated the deletion of the account. The Respondent confirmed to the DPC in its update of
20 October 2023, that the account had been deleted and that it would communicate this
directly to the Data Subject.
9. On 23 October 2023, the DPC wrote to the Data Subject, via the Recipient SA, informing them
that their account was now deleted. In the circumstances, the DPC requested that the Data
Subject notify it, within a specified timeframe, if they were not satisfied with the action taken
by the Respondent so that the DPC could take further action. The Recipient SA confirmed to
the DPC that they issued this correspondence to the Data Subject on 27 October 2023.
10. On 1 December 2023, the Recipient SA confirmed to the DPC, that no response had been
received from the Data Subject.
3
11. On 4 December 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.
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:
_____________________________
Deputy Commissioner
Data Protection Commission
4