In the matter of the General Data Protection Regulation
DPC Complaint Reference:
IMI Reference:
In the matter of a complaint, lodged by with Der Bundesbeauftragte für den
Datenschutz und die Informationsfreiheit (Germany Federal DPA) pursuant to Article 77 of the
General Data Protection Regulation, concerning WhatsApp 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 15th day of November 2024
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2, Ireland
1
Background
1. On 3 December 2023, (“the Data Subject”) lodged a complaint pursuant to Article
77 of the GDPR with Der Bundesbeauftragte für den Datenschutz und die Informationsfreiheit
(“the Recipient SA”) concerning WhatsApp 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 11 December 2023.
The Complaint
3. The details of the complaint were as follows:
a. The Data Subject emailed the Respondent on 14 November 2023, requesting that it
stop processing their personal data for direct marketing purposes, including profiling.
The Data Subject also requested the Respondent inform them of the recipients it may
have shared their personal data with, and furthermore, to inform the recipients to
stop processing their personal data.
b. On 15 November 2023, the Respondent replied advising that it does not process the
Data Subject’s personal data for direct marketing purposes, and did not share
personal data with any recipients.
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:
a. The relationship between the Data Subject and Respondent (being, in this case, an
individual consumer and a service provider); and
2
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
reaffirmed its previous stance on the matter, outlining that it does not process information
for direct marketing purposes. In the circumstances, the Respondent agreed to provide
further clarity on its position to address the Data Subject’s concerns.
8. On 3 April 2024, the DPC’s letter outlining the information provided by the Respondent 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 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 4 April 2024.
9. On 2 May 2024, the Recipient SA informed the DPC that the Data Subject had provided a
response to our letter, requesting additional clarity from the Respondent on their concerns.
The DPC engaged with the Respondent, who provided a further response to the specific
concerns raised by the Data Subject.
10. On 4 June 2024, the DPC’s letter outlining the information provided by the Respondent 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 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 7 June 2024.
3
11. On 10 July 2024, the Recipient SA confirmed to the DPC that no response had been received
from the Data Subject. On 11 July 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. On 12 July 2024, the Recipient SA acknowledged receipt of
the DPC’s letter.
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
4