§ Data Act · Article 39

Data Act Article 39: Obligations, Deadlines & Penalties

Regulation (EU) 2023/2854, Article 39 · All obligations · Data Act

At a glance

Article 39 of the Data Act imposes 3 obligations on Member State.

§ Obligations

All obligations under Article 39

Obligation 1

Member States must ensure that any affected natural and legal person has the right to an effective judicial remedy regarding legally binding decisions taken by competent authorities. Regulation (EU) 2023/2854, Article 39, Article 39

Obligated entity: Member State
Action required: ensure
Deadline: —
Penalty: —

Obligation 2

Member States must ensure that where a competent authority fails to act on a complaint, any affected natural and legal person has the right to an effective judicial remedy or access to review by an impartial body. Regulation (EU) 2023/2854, Article 39, Article 39

Obligated entity: Member State
Action required: ensure
Deadline: —
Penalty: —

Obligation 3

Member States must ensure that proceedings for judicial remedies are brought before the courts or tribunals of the Member State of the competent authority against which the remedy is sought. Regulation (EU) 2023/2854, Article 39, Article 39

Obligated entity: Member State
Action required: ensure
Deadline: —
Penalty: —

§ Frequently asked

Questions about Article 39

Who must comply with Article 39 of the Data Act? +

Member State.

What does Article 39 of the Data Act require? +

ensure

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