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RGPD

Article 77

Right to lodge a complaint with a supervisory authority

1.   Without prejudice to any other administrative or judicial remedy, every data subject shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement if the data subject considers that the processing of personal data relating to him or her infringes this Regulation.

2.   The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Article 78.

Common Questions

Frequently Asked Questions

Who can lodge a complaint under Article 77, and on what grounds?
Every data subject has this right. It applies when you consider that the processing of personal data relating to you infringes the Regulation, so your own assessment is the trigger, and Article 77 does not ask you to prove the infringement first. The complaint is lodged with a supervisory authority.
Which supervisory authority can I complain to?

You can lodge the complaint with a supervisory authority, in particular in the Member State of:

  • your habitual residence
  • your place of work
  • the place of the alleged infringement

That gives you a choice: you can, for example, complain where you live even if the alleged infringement happened in another Member State.

Does lodging a complaint stop me from going to court as well?
No. Article 77 applies without prejudice to any other administrative or judicial remedy, so the complaint sits alongside those routes instead of replacing them. The supervisory authority must also inform you of the possibility of a judicial remedy pursuant to Article 78.
What does the supervisory authority have to tell me after I lodge a complaint?
It must inform you, as the complainant, on the progress of the complaint and on its outcome. That information includes the possibility of a judicial remedy pursuant to Article 78.
← Article 76 Article 78 →