Rb. Rotterdam - ROT 25/7371
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A court upheld the DPA’s decision to dismiss a case related to a bank’s use of contactless payment chips on debit cards. The court considered that the DPA had sufficiently investigated the case. English Summary. Facts. ING Bank N.V. (the controller) is a bank. In 2022, several data subjects brought a complaint to the DPA regarding the controller’s contactless payments. The data subjects requested the controller to issue debit cards without a chip that would enable contactless payments. The controller stated that this was not possible, however, the contactless payment feature could be disabled on the data subjects’ cards. The data subjects later filed a complaint because the debit cards contained the chips even if the contactless feature was disabled. The DPA dismissed the complaint in 2024, on the grounds that further investigation would be needed to determine whether the controller violated the GDPR or not. The DPA stated that it had limited capacity and such an investigation would pl