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 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 31st day of May 2024
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
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Background
1. On 24 May 2020, (“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 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 28 April 2022.
The Complaint
3. The details of the complaint were as follows:
a. On 2 May 2020, the Data Subject emailed the Respondent to request erasure of their
personal data, in accordance with Article 17 of the GDPR.
b. On 24 May 2020, the Respondent replied advising that after an account is deleted,
data is erased in accordance with its privacy policy.
c. As the Data Subject was not satisfied with the response received from the
Respondent, they lodged a complaint with the Recipient SA. As part of their
complaint, the Data Subject noted that they no longer have access to their account as
the account had been banned by 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
b. The nature of the complaint (in this case, an unsuccessful attempt by the Data Subject
to exercise their data subject rights).
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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, it was established that at
the time the Data Subject created their account, the Data Subject had entered a date of birth,
which did not meet the age requirements in order to use the platform. As a result, the
Respondent placed a ban on the account. The Respondent advised the DPC that it had
previous engagements with the Data Subject in relation to their erasure request. In the
circumstances, the Respondent requested that the Data Subject provide a copy of their ID as
proof that the Data Subject was over the age of 18 in order to lift the ban on the account.
8. The DPC engaged with the Data Subject and the Recipient SA to seek confirmation from the
Data Subject that they met the age requirements of the platform in order to lift the ban on
the account and proceed with their erasure request.
9. On 1 December 2023, the Recipient SA informed that DPC that the Data Subject had provided
a copy of their ID to confirm they are over the age of 18 years of age. On 4 December 2023,
the DPC confirmed to the Respondent that the Data Subject had provided proof of their age
and requested the Respondent to proceed with the erasure request.
10. On 18 December 2023, the Respondent confirmed to the DPC it had lifted the ban on the Data
Subject’s account. It also confirmed that the majority of the Data Subject’s personal data had
been deleted. It further advised that it would retain certain personal data in line with its data
retention policy.
11. On 27 December 2023, the DPC’s letter outlining the information provided by the Respondent,
which included the deletion dates of the remaining personal data, 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
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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 12 January 2024.
12. On 17 January 2024, the Recipient SA informed the DPC that it had received a response from
the Data Subject seeking confirmation from the Respondent that it had erased all of their
personal data as part of their erasure request. The DPC engaged further with the Respondent
in an effort to amicably resolve the complaint. On 31 January 2024, the Respondent advised
that it could not prematurely delete all the personal data, citing legal reasons for the retention
of the remaining limited personal data.
13. On 6 February 2024, the DPC’s letter outlining the information provided by the Respondent,
to address the Data Subject’s additional concerns, 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 7 February 2024.
14. On 12 March 2024, the Recipient SA confirmed to the DPC, that no response had been
received from the Data Subject. On the same day 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 15 March 2024, the Recipient SA confirmed
receipt of the DPC correspondence, which had advised that the complaint was deemed
withdrawn.
15. 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
16. 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.
17. 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.
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Signed for and on behalf of the DPC:
_____________________________
Deputy Commissioner
Data Protection Commission
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