In the matter of the General Data Protection Regulation
DPC Complaint Reference:
IMI Complaint Reference Number:
In the matter of a complaint, lodged by with the Polish Data Protection Authority
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 12 MAY 2022
Dated the 11th day of March 2024
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. (“the Data Subject”) lodged a complaint pursuant to Article 77 GDPR with the
Polish Data Protection Authority (“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) GDPR, the Recipient SA transferred the
complaint to the DPC on 6 April 2023.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject submitted an erasure request pursuant to Article 17 GDPR following
the disablement of their account. The Respondent subsequently confirmed that the
Data Subject’s personal data were erased in accordance with its privacy policy.
b. The Data Subject reviewed the Respondent’s privacy policy and noted that the
Respondent reserved the right to retain certain data following an erasure request for
certain specified purposes. The Data Subject then submitted an access request
pursuant to Article 15 GDPR in order to obtain further information about this. In
particular, the Data Subject wanted to know whether the Respondent retained any
such information following their erasure request, and what this information consisted
of.
c. The Data Subject was not satisfied with the response provided by the Respondent to
their access request and, accordingly, submitted a complaint to 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:
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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. On 13 September 2023, the DPC wrote to the
Respondent formally commencing its investigation and requesting that it address the
concerns raised.
8. In response to the DPC’s investigation, the Respondent specified the limited data it retained
in relation to the Data Subject; namely, (i) a record of their consents (to the Respondent’s
Terms and Conditions, etc.); (ii) a record of moderation actions taken; and (iii) customer care
communications between the Data Subject and the Respondent. The Respondent further
confirmed that the Data Subject was entitled to these data upon request and wrote directly
to the Data Subject in order to facilitate this. A copy of this correspondence was also provided
to the DPC.
9. In its direct correspondence to the Data Subject, the Respondent also noted that their account
was banned because it was flagged as potentially being a bot/spam account. Given the direct
engagement with the Data Subject in the context of their complaint, the Respondent noted
that it was now satisfied that the account was genuine and therefore decided to lift the ban,
allowing the Data Subject to create a new account if they wish to do so.
10. In light of the explanations provided by the Respondent as set out above, as well as the fact
that it had reached out to the Data Subject directly on foot of the DPC’s investigation in order
to facilitate them in obtaining access to their retained data, the DPC considered it appropriate
to conclude the complaint by way of amicable resolution. On 12 October 2023, the DPC wrote
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to the Data Subject outlining the Respondent’s response to its investigation. 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. The DPC
did not receive any further communication from the Data Subject and, accordingly, the
complaint has been deemed to have been amicably resolved.
11. On 26 January 2024, 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
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