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 Data Protection Authority of Bavaria
for the Private Sector pursuant to Article 77 of the General Data Protection Regulation, concerning
Yahoo EMEA 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. On 9 March 2023, (“the Data Subject”) lodged a complaint pursuant to Article 77
GDPR with the Data Protection Authority of Bavaria for the Private Sector (“the Recipient SA”)
concerning Yahoo EMEA 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 1 June 2023.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject contacted the Respondent on 19 December 2022 requesting the
delisting of several URLs. The content of these URLs described events that transpired
at a school of which the Data Subject was principal.
b. The Data Subject explained that they are not a public figure and are no longer principal
of the school in question. The Data Subject asserted that many of the facts cited in
the articles were incorrect. The Data Subject further outlined that the articles
described them as suffering a long-term illness, which they disputed.
c. The Data Subject asserted that they did not receive a response from the Respondent.
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 (via the Recipient SA) and Respondent in relation
to the subject-matter of the complaint. On 7 November 2023, the DPC formally commenced
the investigation of the complaint with the Respondent.
8. On 21 November 2023, the Respondent responded to the DPC outlining that, following an
extensive investigation, it could find no record of any delisting request from either the Data
Subject or their legal representative. The Respondent explained that it had not refused to
delist the URLs at issue, rather, it was unaware of the Data Subject’s request prior to being
contacted by the DPC.
9. The Respondent determined that a number of the complained-of URLs did not contain content
relating to the Data Subject, rendering those URLs ineligible for delisting. In addition, the
Respondent identified several other complained-of URLs as not being returned in a search
against the Data Subject’s name in the EEA. The Respondent explained that it could not
identify the inaccuracy alleged in further complained-of URLs. Furthermore, the Respondent
found other complained-of URLs to be behind a paywall so were unable to assess the content
for delisting. The Respondent explained that it had since reached out to the Data Subject’s
legal representative directly and clarified these issues.
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 delisting the URL’s, the DPC considered it appropriate to conclude the
complaint by way of amicable resolution. On 29 November 2023, the DPC wrote 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.
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11. On 9 January 2024, the DPC received correspondence from the Data Subject’s legal
representative outlining that the URLs at issue had been removed and as such, the matter was
resolved. Accordingly, the DPC has deemed the complaint to have been amicably resolved.
12. On 7 February 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.
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:
_____________________________
Deputy Commissioner
Data Protection Commission
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