Article 79: Right to an effective judicial remedy against a controller or processor
Praxikon tracks Article 79 (Right to an effective judicial remedy against a controller or processor) 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 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.
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.
Source: EUR-Lex, Regulation (EU) 2016/679. Official text, reproduced without modification.
Cross-references
Connections
What connects to Article 79 GDPR
Case law
- Legal Newsdesk Sweden: paid online publication of criminal convictions is in principle not journalism, national exemptions may not switch off the GDPR
2026-07-09 · final, Hof van Justitie van de EU (Vijfde kamer), ND tegen Legal Newsdesk Sweden AB (voorheen Garrapatica AB)
- 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)