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GDPR — Table of Contents

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This provision grants every natural or legal person the right to an effective judicial remedy against legally binding decisions of a supervisory authority or where an authority fails to handle a complaint within three months. Proceedings must be brought before the courts of the Member State where the authority is established, and the court must receive any relevant Board opinions or decisions.

Art. 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 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 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 shall be brought before the courts of the Member State where the is established.
(4.)Where proceedings are brought against a decision of a which was preceded by an opinion or a decision of the Board in the consistency mechanism, the shall forward that opinion or decision to the court.
Source:
EUR-Lex CELEX 02016R0679-20160504
Citation:
OJ L 119, 04.05.2016, p. 1; corrected by OJ L 127, 23.05.2018, p. 2
As of:
2016-05-04
Retrieved:
2026-02-25