C029-74 Икеа / Хаус Маркет България ЕАД

Data Transfers
Case project
Икеа / Хаус Маркет България ЕАД
Case status
Filed: (3 years 11 months ago)

This is one of noyb 101 complaints which were filed after the "Schrems II" judgement in Summer 2020. The judgement invalidated the EU-US data transfer mechanism "Privacy Shield". The cases were generated based on implemented Google Analytics or Facebook tracking code on websites by EU providers, which leads to unlawful data transfers to the United States.

Date Summary
Decision by Bulgarian DPA

Rejected because power of attorney has not been in Bulgarian and not signed before a notary public.

Letter to Bulgarian DPA

noyb outlines that their demands are not in line with Articles 57, 77 and 80 GDPR and that even the CJEU has accepted noyb to represent data subject based on a written representation agreement.
noyb also asked them to finally handle the complaints lodged with them.

Letter by the Bulgarian DPA

More than two year into the procedure, the CPDP suddenly doubts the power of representation and want a notarized signature on the representation agreement for noyb being able to represent the data subject.

noyb contacted case manager directly

noyb contacted an employee of the Bulgarian DPA who gave his contact details to a noyb employsee at a conference. Again, Mail Delivery Error. It seems to be impossible for us to send emails to the Bulgarian DPA. noyb forwarded the email from a non-noyb private email account and received confirmation that it got sent through.

Bulgarian DPA seems to have blacklisted noyb emails

We received another mail delivery error notification for an email asking for an update, but our technician confirmed that the email forwarded by the technician from a non-noyb address got through.

We sent the last email as a registered paper letter
noyb tried to send an email to the Bulgarian DPA

noyb tried to send an email to the Bulgarian DPA explaining the whole situation again and providing a link to our sharded nextcloud where all four complaints filed with the CPDP + attachments can be downloaded. On the same day and on 10.10.2021, we received error notifications.

Bulgarian DPA sent us an email

Bulgarian DPA sent us an email with an attached letter stating that they only received one complaint and that the representation agreement attached was incorrect.

noyb sent an email to the head of the Bulgarian DPA

noyb sent an email to the head of the Bulgarian DPA raising the issue of the DPAs complete inactivity.

Bulgarian DPA claimed to not have received any complaints and asked us to resubmit them
noyb resubmitted complaints C029 72 to 75

noyb submitted complaints C029-72, 73, 74 an 75 with the Bulgarian DPA. On the same day, Bulgarian DPA claimed to only have received C029-74 but not any other complaints. So noyb resubmitted those again.