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EU regulatory register · GDPR

Article 79Right to an effective judicial remedy against a controller or processor

CELEX 32016R0679 · Read on 2026-08-18 · Chapter VIII

Official text

Read from the EU Publications Office for this CELEX number. The wording stands as published; nothing here is rewritten or summarised.

1. 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.

2. 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.

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Other articles in this chapter

Judgments of the Court of Justice

1 decisions

  • C-655/23Court of Justice of the European Union

    IP v Quirin Privatbank AG

    Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Rights of the data subject – Article 17 – Right to erasure of data – Article 18 – Right to restriction of processing – Article 79 – Right to an effective judicial remedy – Unlawful processing of personal data – Action seeking an order requiring the controller to refrain from any further unlawful processing in the future – Basis – Conditions – Article 82(1) – Right to compensation – Concept of ‘non-material damage’ – Assessment of the compensation – Possible consideration of the degree of fault on the part of the controller – Possible impact of the grant of a ‘prohibitory injunction’.

The text is quoted from the official source and is not legal advice. A national court reads the language version that binds in its jurisdiction.

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