GDPR Compliance Guide

GDPR Articles

GDPR Compliance Guide
Recitals
Articles
Chapter 1
General Provisions (Art. 1 – 4)
Chapter 2
Principles (Art. 5 – 11)
Chapter 3
Rights of the data subject (Art. 12 – 23)
Chapter 4
Controller and processor (Art. 24 – 43)
Chapter 5
Transfers of personal data to third countries or international organizations (Art. 44 – 50)
Chapter 6
Independent supervisory authorities (Art. 51 – 59)
Chapter 7
Cooperation and consistency (Art. 60 – 76)
Chapter 8
Remedies, liability and penalties (Art. 77 – 84)
Chapter 9
Provisions relating to specific processing situations (Art. 85 – 91)
Chapter 10
Delegated acts and implementing acts (Art. 92 – 93)
Chapter 11
Final provisions (Art. 94 – 99)

Chapter 8   >   Article 78

Article 78: 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.

Relevant Recitals: 141, 143

GDPR Articles

Article 77: Right to lodge a complaint with a supervisory authority

GDPR Articles

Article 79: Right to an effective judicial remedy against a controller or processor