GDPR Explorer · interactive view

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.

Role allocation (reference only)

neither confidence: medium · review: mechanical

Addresses: supervisory authority

Source: Regulation (EU) 2016/679 (GDPR), consolidated EN text (OJ L 119, 4.5.2016, p. 1; Official Journal of the EU). This page is AI-generated legal information, not legal advice. Verify against the Official Journal. Contact: yiango@proton.me