General Data Protection Regulation (GDPR)
Table of Contents
Chapter I – General provisions
Chapter II – Principles
Chapter III – Rights of the data subject
Chapter IV – Section 4
Chapter V – Section 5
Chapter VI – Independent supervisory authorities
Chapter VII – Cooperation and consistency
Chapter VIII – Remedies, liability and penalties
Chapter IX – Provisions relating to specific processing situations
Chapter X – Delegated acts and implementing acts
Chapter XI – Final provisions
Recitals (173)
Chapter VIII – Remedies, liability and penalties
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.