§ GDPR · Article 79
GDPR Article 79: Obligations, Deadlines & Penalties
At a glance
Article 79 of the GDPR imposes 3 obligations on Member State.
§ Obligations
All obligations under Article 79
Obligation 1
Member States must ensure that each data subject has the right to an effective judicial remedy where they consider their rights under the Regulation have been infringed by processing in non-compliance.
Regulation (EU) 2016/679, Article 79, Article 79
- Obligated entity
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Member State
- Action required
-
ensure
- Deadline
-
—
- Penalty
-
—
Obligation 2
Member States must ensure that proceedings against a controller or processor are brought before the courts of the Member State where the controller or processor has an establishment.
Regulation (EU) 2016/679, Article 79, Article 79
- Obligated entity
-
Member State
- Action required
-
ensure
- Deadline
-
—
- Penalty
-
—
Obligation 3
Member States must allow proceedings to be brought before the courts of the Member State where the data subject has habitual residence, unless the controller or processor is a public authority acting in the exercise of public powers.
Regulation (EU) 2016/679, Article 79, Article 79
- Obligated entity
-
Member State
- Action required
-
allow
- Deadline
-
—
- Penalty
-
—
- Exemptions
- public authority of a Member State acting in the exercise of its public powers
§ Frequently asked
Questions about Article 79
Who must comply with Article 79 of the GDPR?
+
Member State.
What does Article 79 of the GDPR require?
+
ensure allow