Article 78: Right to an effective judicial remedy against a supervisory authority
Praxikon tracks Article 78 (Right to an effective judicial remedy against a supervisory authority) under the GDPR, alongside the EU AI Act, citing the source for every statement.
Chapter VIIIIn force since 25-05-2018
Official text
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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.
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.
Proceedings against a supervisory authority shall be brought before the courts of the Member State where the supervisory authority is established.
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.
Source: EUR-Lex, Regulation (EU) 2016/679. Official text, reproduced without modification.
Cross-references
Connections
What connects to Article 78 GDPR
Case law
- WhatsApp v EDPB: a binding EDPB dispute resolution decision can be challenged directly before the EU courts
2026-02-10 · final, Hof van Justitie van de EU (Grote kamer), WhatsApp Ireland Ltd tegen Europees Comité voor gegevensbescherming (EDPB)
- Lindenapotheke: competitors may sue over GDPR breaches and pharmacy order data are health data
2024-10-04 · final, Hof van Justitie van de EU (Grote kamer), ND tegen DR (twee Duitse apothekers)