Article 78 of GDPR: Right To An Effective Judicial Remedy Against A Supervisory Authority
Article 78 of GDPR provides for a right to data subjects to contest the decisions of the supervisory authority before the courts.
Judicial remedy against a supervisory authority decision (Article 78(1) GDPR)
GDPR provides the right to each data subject, whether a physical person or a legal person, to contest a legally binding decision of the supervisory authority.
Judicial remedy when the supervisory authority does not act (Article 78(2) GDPR)
GDPR further provides the right to each data subject to seek a judicial remedy in the following situations:
- When the supervisory authority does not handle a complaint
- When the supervisory authority does not provide the data subject with the progress or outcome of a complaint within three months
Competent courts (Article 78(3) GDPR)
Legal recourse against a supervisory authority will be handled by the judicial courts located in the EU state where the supervisory authority is located.
Decisions of the supervisory authority preceded by an opinion of the EDPB (Article 78(4) GDPR)
In the event a decision of the supervisory authority is contested and such decision was preceded by an opinion of the European Data Protection Board or a decision based on the consistency mechanism, then the supervisory authority must forward the opinion or decision to the Court for assessment.
Recitals applicable to Article 78 of GDPR
Relevant Recitals: 141, 143
GDPR Regulation article-by-article overview
Read our comprehensive overview of the GDPR Regulation, article by article, where we summarize each of the 99 articles contained in GDPR to give you a complete understanding of its content.
Cited Legislation in Article 78 or relevant recitals
GDPR Text: Article 78 of GDPR and Relevant Recitals
GDPR Text Source: EUR-Lex
Official GDPR Text: General Data Protection Regulation
Official GDPR Title: REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), corrected by Corrigendum, OJL 127, 23.5.2018, p. 2 ((EU) 2016/679)