§ GDPR · Article 78
GDPR Article 78: Obligations, Deadlines & Penalties
At a glance
Article 78 of the GDPR imposes 4 obligations on plaintiff, supervisory authority. At least one obligation carries an explicit compliance deadline.
§ Obligations
All obligations under Article 78
Obligation 1
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.
Regulation (EU) 2016/679, Article 78, Article 78
- Obligated entity
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supervisory authority
- Action required
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provide judicial remedy
- Deadline
-
—
- Penalty
-
—
Obligation 2
Each data subject shall have the right to an effective judicial remedy where the supervisory authority does not handle a complaint or does not inform the data subject within three months on the progress or outcome of the complaint.
Regulation (EU) 2016/679, Article 78, Article 78
- Obligated entity
-
supervisory authority
- Action required
-
provide judicial remedy
- Deadline
-
within three months
- Penalty
-
—
Obligation 3
Proceedings against a supervisory authority shall be brought before the courts of the Member State where the supervisory authority is established.
Regulation (EU) 2016/679, Article 78, Article 78
- Obligated entity
-
plaintiff
- Action required
-
bring proceedings
- Deadline
-
—
- Penalty
-
—
Obligation 4
Where proceedings are brought against a decision of a supervisory authority which was preceded by an opinion or a decision of the Board, the supervisory authority shall forward that opinion or decision to the court.
Regulation (EU) 2016/679, Article 78, Article 78
- Obligated entity
-
supervisory authority
- Action required
-
forward
- Deadline
-
—
- Penalty
-
—
§ Frequently asked
Questions about Article 78
Who must comply with Article 78 of the GDPR?
+
plaintiff, supervisory authority.
What does Article 78 of the GDPR require?
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provide judicial remedy bring proceedings forward
What is the compliance deadline for GDPR Article 78?
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within three months