Article 81 GDPR (Suspension of Proceedings)

Article 81 of GDPR: Suspension of Proceedings

Article 81 of GDPR provides for the mechanics for one competent court to handle a legal action relating to the processing activities of a data controller or data processor when the subject-matter is identical.

Validation of legal proceedings before multiple courts (Article 81(1) GDPR)

When a competent court believes that there may be legal proceedings filed before another court with respect to the same data controller or data processor and having the same subject-matter, may contact the other court to validate if such legal proceeding has been filed.

Suspension of proceedings when action filed before multiple courts (Article 81(2) GDPR)

Any court, except for the first court seized of the matter, seized of a matter relating to the same data controller or data processor and regarding the same subject-matter can suspend its proceedings.

Declination of the jurisdiction (Article 81(3) GDPR)

When legal action is pending before multiple courts in EU relating to the same subject-matter and concerning the same data processor or data controller, a court may decline jurisdiction if the first court seized of the matter and that based on the laws of that court, the matter can be consolidated in the same legal action.

Recitals applicable to Article 81 of GDPR

Relevant Recitals: 144

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Cited Legislation in Article 81 or relevant recitals

None

GDPR Text: Article 81 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)