Art. 80 GDPR – Representation of data subjects
- The data subject shall have the right to mandate a not-for-profit body, organisation or association which has been properly constituted in accordance with the law of a Member State, has statutory objectives which are in the public interest, and is active in the field of the protection of data subjects’ rights and freedoms with regard to the protection of their personal data to lodge the complaint on his or her behalf, to exercise the rights referred to in Articles 77, 78 and 79 on his or her behalf, and to exercise the right to receive compensation referred to in Article 82 on his or her behalf where provided for by Member State law.
- Member States may provide that any body, organisation or association referred to in paragraph 1 of this Article, independently of a data subject’s mandate, has the right to lodge, in that Member State, a complaint with the supervisory authority which is competent pursuant to Article 77 and to exercise the rights referred to in Articles 78 and 79 if it considers that the rights of a data subject under this Regulation have been infringed as a result of the processing.
Frequently Asked Questions about Article 80
+Can a body represent me in a GDPR complaint?
Yes. Article 80 lets individuals mandate a not-for-profit body active in data protection to lodge complaints and exercise certain rights on their behalf.
+Are class actions allowed under the GDPR?
Member states may allow qualified bodies to bring representative actions, and in some cases without a specific mandate from individuals, depending on national law.
+ What kind of organisation can represent data subjects?
It must be a properly constituted not-for-profit body with statutory objectives in the public interest and active in the protection of personal data rights.