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GDPR — Table of Contents

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This provision ensures that data subjects have the right to an effective judicial remedy against a controller or processor when they believe their rights under the Regulation have been infringed. Proceedings may be brought before the courts where the controller or processor is established or where the data subject habitually resides, providing accessible avenues for legal redress.

Art. 79 GDPR

Right to an effective judicial remedy against a controller or processor

(1.)Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a pursuant to Article 77, each data subject shall have the right to an effective judicial remedy where he or she considers that his or her rights under this Regulation have been infringed as a result of the of his or her in non-compliance with this Regulation.
(2.)Proceedings against a or a shall be brought before the courts of the Member State where the or has an establishment. Alternatively, such proceedings may be brought before the courts of the Member State where the data subject has his or her habitual residence, unless the or is a public authority of a Member State acting in the exercise of its public powers.
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