Skip to content
RGPD

Article 79

Right to an effective judicial remedy against a controller or processor

1.   Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority pursuant to Article 77, each data subject shall have the right to an effective judicial remedy where he or she considers that his or her rights under this Regulation have been infringed as a result of the processing of his or her personal data in non-compliance with this Regulation.

2.   Proceedings against a controller or a processor shall be brought before the courts of the Member State where the controller or processor has an establishment. Alternatively, such proceedings may be brought before the courts of the Member State where the data subject has his or her habitual residence, unless the controller or processor is a public authority of a Member State acting in the exercise of its public powers.

Common Questions

Frequently Asked Questions

What right does Article 79 give me as a data subject?

It gives every data subject the right to an effective judicial remedy, meaning you can take a controller or processor to court. The trigger is that you consider your rights under the GDPR have been infringed as a result of processing of your personal data in non-compliance with the Regulation.

Note the wording: the right applies where you consider your rights have been infringed. You do not need a supervisory authority to confirm the infringement before you can start proceedings.

Can I still go to court if I have already lodged a complaint with a supervisory authority?
Yes. Article 79 applies without prejudice to any available administrative or non-judicial remedy, and it explicitly names the right to lodge a complaint with a supervisory authority under Article 77. In other words, the court route and the complaint route exist side by side, and using one does not take the other away.
In which country's courts do I bring proceedings against a controller or processor?

Article 79(2) gives you two options. You can bring proceedings before the courts of the Member State where the controller or processor has an establishment, or before the courts of the Member State where you have your habitual residence.

The habitual-residence option has one exception: it is not available where the controller or processor is a public authority of a Member State acting in the exercise of its public powers.

← Article 78 Article 80 →