C037-10028 MTCH Technology Services Limited

All the violations are remedied

noyb responded to the DPC that they excluded one case from their list of complaints and requested that all complaints be covered. Regarding one specific complaint noyb stated that there was no withdrawel because the controller did not change their website in the past - however they did do so now. The complaint against the controller of benjerry.ie can therefore now be withdrawn. noyb also stated that complaints can be withdrawn amicably and requested a clear timeline by 19th August 2022.

They are asking us if we are still happy to resolve cases amicably. They also took out silently one case from the list (Twitter MoPub)

noyb responded that the DPC is competent to investigate the cases under the GDPR and that it does not make sense to forward them to the telecoms authorities abroad. noyb provided evidence that personal data was processed when submitting complaints. noyb proposed the DPC investigates only the "GDPR part" of the complaints - if else is impossible.

Alternatively, noyb requested that the DPC either formally rejects the complaints or provides a detailed timeframe to reach a decision by end of 2022. Deadline 5 August.

DPC responded that they want the ePrivacy authorities to investigate the complaints first in order for the DPC to start their own investigation under the GDPR.
The own volition procedure would investigate the banners themselves (in particularly the presence of the 'reject' button).

noyb responded that that (1) this does not make sense under Irish ePrivacy law and (2) the complaint is brought also under GDPR and their own ePrivacy guidance says that if there is personal data in cookie, GDPR applies too. We told them to get back by 19 July.

DPC wrote that their assessment suggests that the DPC may not be the competent authority to carry out investigations under Regulation 17 of S.I. No. 336 of 2011 because the complainant's device was outside of Ireland at the time of the violation.

DPC wrote 'The purpose of this letter is to inform you that the DPC is still DPC is still considering these complaints and the appropriate legislative framework under which to deal with them.'

noyb asked to indicate a specific date when the next update can be expected and when we can get access to the submissions - if any were made