Article 79 of GDPR: Right To An Effective Judicial Remedy Against A Controller Or Processor
Article 79 of GDPR provides for the right of data subjects to file legal action before the Courts against data controllers and data processors when they feel that they have infringed GDPR in the processing of their personal data.
Data subject right to file legal action against the data controller or processor (Article 79(1) GDPR)
In addition to the data subject’s right to file a complaint with the supervisory authority, GDPR makes it clear that the data subject also has the right to file a legal action before the court when its personal data has been processed in violation of the terms of GDPR.
Competent court (Article 79(2) GDPR)
A data subject may file a legal action against a data processor or data controller before the following courts:
- Court where the data controller has an establishment
- Court where the data processor has an establishment
- Court of the EU member state where the data subject has his or her habitual residence
Recitals applicable to Article 79 of GDPR
Relevant Recitals: 141, 145
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 79 or relevant recitals
GDPR Text: Article 79 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)