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RGPD

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.

Common Questions

Frequently Asked Questions

Who can challenge a decision of a supervisory authority under Article 78?

Each natural or legal person has the right to an effective judicial remedy against a legally binding decision of a supervisory authority concerning them. So this is not limited to individuals: a company on the receiving end of a binding decision can also go to court.

The right applies without prejudice to any other administrative or non-judicial remedy, so those routes remain open as well.

What can I do if the supervisory authority does not act on my complaint?

If the supervisory authority competent under Articles 55 and 56 does not handle your complaint, or does not inform you within three months on the progress or outcome of a complaint lodged under Article 77, you have the right to an effective judicial remedy as a data subject.

In practice this means the authority's inaction or silence can itself be taken to court, not only a formal decision.

Which courts hear proceedings against a supervisory authority?
Proceedings against a supervisory authority must be brought before the courts of the Member State where that authority is established. Article 78 ties the venue to the authority's place of establishment.
What happens if the decision was preceded by an opinion or decision of the Board?
Where the contested decision of a supervisory authority was preceded by an opinion or a decision of the Board in the consistency mechanism, the supervisory authority must forward that opinion or decision to the court. The court therefore has the Board's position in front of it when reviewing the authority's decision.
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