Art. 79 GDPR – Right to an effective judicial remedy against a controller or processor
- 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.
- 1Proceedings against a controller or a processor shall be brought before the courts of the Member State where the controller or processor has an establishment. 2Alternatively, 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.
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Frequently Asked Questions about Article 79
+Can I sue a company for a GDPR breach?
Yes. Article 79 gives individuals the right to an effective judicial remedy against a controller or processor where they consider their GDPR rights have been infringed.
+Where can I bring a GDPR claim against a company?
Proceedings can be brought in the courts where the controller or processor has an establishment, or where the individual resides, unless the defendant is a public authority acting in its powers.
+ Is a court remedy separate from a complaint to the authority?
Yes. The judicial remedy is in addition to the right to lodge a complaint with a supervisory authority and other administrative remedies.