In the matter of the General Data Protection Regulation
DPC Complaint Reference:
IMI Reference:
In the matter of a complaint, lodged by with the Commission Nationale de
l'Informatique et des Libertés (France DPA) pursuant to Article 77 of the General Data Protection
Regulation, concerning Google Ireland 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 11th day of April 2024
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 31 March 2021, (“the Data Subject”) lodged a complaint pursuant
to Article 77 of the GDPR with the Commission Nationale de l'Informatique et des Libertés
(“the Recipient SA”) concerning Google Ireland 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 31 August 2023.
The Complaint
3. The details of the complaint were as follows:
a. In order to transfer their data to another service provider, the Data Subject
downloaded their data from the Respondent’s platform. The Data Subject noticed
that when downloaded, the data was fragmented across a number of zip files. The
Data Subject contacted the Respondent on 5 February 2021 via its support chat
function, to query how this process met the requirements under Article 20 of the
GDPR to provide their personal data in a structured, commonly used, and machine-
readable format. The Respondent’s customer support agent advised the Data Subject
that a member of the Data Protection Team would contact them in due course.
b. On 23 February 2021, the Data Subject received an email from Respondent’s Data
Protection Team to advise that their request had been transferred to the relevant
team, and provided a link to contact the Privacy Officer. The Data Subject claims that
they did not receive any further response from the Respondent.
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:
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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. Further to that engagement, the Respondent informed
the DPC that its email to the Data Subject of 23 February 2021 had directed the Data Subject
to a dedicated resource, through which its Data Protection Office could be contacted. While
the Respondent confirmed that the Data Subject did not engage further, the Respondent
acknowledged the content of its email of 23 February 2021 may have led to unintended
confusion. In relation to the structure of the downloaded data, the Respondent advised the
DPC that there is a maximum download limit placed on files, and if this limit is reached, then
the files are formatted into separate folders. The Respondent further advised that this is a
necessary practical limit to ensure the right to data portability can be exercised without
hindrance, as most users would experience download issues during the time taken to
download larger files. In the circumstances, the Respondent agreed to provide more
information to the Data Subject in relation to its practices on data portability, and clarity in
relation to its prior engagement with the Data Subject.
8. On 28 November 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 its correspondence to the Data Subject, the DPC
requested that the Data Subject notify it, within a specified timeframe, if they were not
satisfied with the actions 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 8 January 2024.
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9. On 19 February 2024, the Recipient SA confirmed to the DPC, that no response had been
received from the Data Subject.
10. On 20 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.
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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