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.

This article of the General Data Protection Regulation is addressed in recitals (141) (143) of the GDPR.*

* The reference between articles and recitals is based on the professional assessment of activeMind.legal.

Content of the GDPR

CHAPTER X – Delegated acts and implementing acts (Art. 92 – 93)