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Article 78 GDPR

Right to an effective judicial remedy against a supervisory authority

1.   Without prejudice to any other administrative or non-judicial remedy, each natural or legal person shall have the right to an effective judicial remedy against a legally binding decision of a supervisory authority concerning them.

2.   Without prejudice to any other administrative or non-judicial remedy, each data subject shall have the right to a an effective judicial remedy where the supervisory authority which is competent pursuant to Articles 55 and 56 does not handle a complaint or does not inform the data subject within three months on the progress or outcome of the complaint lodged pursuant to Article 77.

3.   Proceedings against a supervisory authority shall be brought before the courts of the Member State where the supervisory authority is established.

4.   Where proceedings are brought against a decision of a supervisory authority which was preceded by an opinion or a decision of the Board in the consistency mechanism, the supervisory authority shall forward that opinion or decision to the court.

Suitable recitals

  • Recital 141: Right to Lodge a Complaint
  • Recital 143: Judicial Remedies
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We teach companies and their employees about the EU General Data Protection Regulation (GDPR). It is an EU regulation that all companies within the EU/EEA must comply with. GDPR is also applicable to companies registered outside of the EU/EEA, if they process personal data that belongs to individuals within the EU/EEA.

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