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

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

Art. 77: Right to lodge a complaint with a supervisory authority

In addition to the overview at the bottom of this page: rulings, guidelines and fines that interpret or apply this article, newest first. Each item was checked against the official source.

Case law (2)

4 September 2025 · C-655/23 · CJEU
Quirin Privatbank
Negative feelings such as fear or annoyance are non-material damage if the data subject proves them. The GDPR itself gives no right to an injunction against future breaches, but national law may, without reducing compensation.
12 January 2023 · C-132/21 · CJEU
BE v Nemzeti Adatvédelmi és Információszabadság Hatóság
A complaint to the supervisory authority and court proceedings against the controller can run concurrently and independently. Member States set the rules to avoid conflicting outcomes.

Checked on 5 November 2026

← Art. 78: Right to an effective judicial remedy against a supervisory authority Art. 80: Representation of data subjects →

Connections

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)