In the matter of the General Data Protection Regulation
DPC Complaint Reference:
IMI Reference:
In the matter of a complaint, lodged by with Die Landesbeauftragte für den
Datenschutz Niedersachsen (Lower Saxony DPA) 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 1st day of March 2024
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 1 April 2021, (“the Data Subject”) lodged a complaint pursuant to
Article 77 of the GDPR with Die Landesbeauftragte für den Datenschutz Niedersachsen (“the
Recipient SA”) concerning MTCH Technology Services 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 16 September 2021.
The Complaint
3. The details of the complaint were as follows:
a. When creating an account on the Respondent’s platform, the Data Subject carried out
technical tests to monitor the network traffic on the platform. Following an analysis
of these tests, the Data Subject deleted their account and lodged a complaint with the
Recipient SA. In their complaint, the Data Subject raised a number of GDPR concerns
in relation to the processing activities of the platform, the personal data that is
collected from users in their use of the platform and the information that is provided
to users in the Respondent’s Privacy Policy.
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
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
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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. Upon further assessment of the complaint, the DPC noted that documentation was missing
and requested these documents from the Data Subject via the Recipient SA. Upon receipt of
the requested documentation from the Data Subject, 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, it was established that the Respondent had updated
its systems since the Data Subject ran the technical tests on the platform and noted that some
of the software that the Data Subject referred to in their complaint was no longer in use on
the platform. The Respondent also advised the DPC that it previously engaged with the Data
Subject prior to receiving communication from the DPC. In the circumstances, the Respondent
provided further information to address the concerns raised by the Data Subject and to
provide an enhanced level of understanding on the part of the Data Subject in relation to
Respondent’s processing activities, and information provided in its Privacy Policy.
8. On 27 September 2023, the DPC’s letter outlining the information provided by the Respondent
as part of the amicable resolution process issued to the Recipient SA, for onward transmission
to the Data Subject. In the circumstances, the DPC requested that the Data Subject notify it,
within a specified timeframe, if they were not satisfied with the information provided 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 21 November 2023.
9. On 18 December 2023, the Recipient SA confirmed to the DPC, that no response had been
received from the Data Subject.
10. On 19 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. On the same day, the Recipient SA confirmed receipt of the DPC correspondence,
which had advised that the complaint was deemed withdrawn.
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.
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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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