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GDPR — Article 78

The article's text

Article 78 Right to an effective judicial remedy against a supervisory authority 1. Without prejudice to any other administrative or non-judicial remedy, 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. 2. Without prejudice to any other administrative or non-judicial remedy, each data subject shall have the right to a an effective judicial remedy where the supervisory authority which is competent pursuant to Articles 55 and 56 does not handle a complaint or does not inform the data subject within three months on the progress or outcome of the complaint lodged pursuant to Article 77. 3. Proceedings against a supervisory authority shall be brought before the courts of the Member State where the supervisory authority is established. 4. Where proceedings are brought against a decision of a supervisory authority which was preceded by an opinion or a decision of the Board in the consistency mechanism, the supervisory authority shall forward that opinion or decision to the court.

Who wrote about this article in the consultations

Filers who named this exact article number in their own text. It is their sentence, not our reading — and not a causal claim.

4
NGO
1
EU citizen
1
ACADEMIC_RESEARCH_INSTITTUTION
1
business association
WhoCountryWhat they wrote
Confederation of Swedish EnterpriseSEo (i) not investigate a complaint and (ii) to close a supervision case related to a data subject's complaint are appealable under Art. 78 (1) GDPR, where the outcome of the supervision negatively affected the complaining data subject. As we understand the comm ↗
Centre for Information Policy Leadership (CIPL)BEormationpolicycentre.com/uploads/5/7/1/0/57104281/cipl_comments_on_edpb_article_65_ draft_guidelines__28_may_2021_.pdf). 6 Under Article 78, each natural or legal person must have the right to an effective judicial remedy against a legally binding decision of ↗
Hans-Hermann SchildDEdes One-Stop-Shop, die Aufsichtsbehörde im Verhältnis zu dem Be- schwerdeführer zuständig ist, bei der sich der Bürger beschwert (Art. 78 Abs. 1 und 3 DSGVO). Sie ist dann auch zu verklagen (Anfechtungs- und Verpflichtungsklage). Im Falle der erörter- ten Abwe ↗
noybATto EDPB documents / table Comments Proposed Solution Remedy against an SA for not handling complaints within a reasonable period Article 78(2) GDPR provides that data subjects have the right to an effective remedy against the SA when the latter does not "hand ↗
Civil Liberties Union for EuropeDEfurther steps, or simply failed to start corresponding with the complainants. It is crucial to define what “handle a complaint” (Article 78, GDPR) means, and therefore, what are the precise obligations supervisory authorities must meet once receiving a compla ↗
European Digital Rights (EDRi)BElodged” to provide information but Article 78(2) addresses the SA “which is competent pursuant to Articles 55 and 56”. - Oftentimes the CSA receiving the complaint acts as a pure mailbox and transfers the updates from the LSA in the language of the LSA which i ↗
Access Now EuropeFRmplaints. The exact meaning of ‘to handle a complaint’ is equally not explicitly delimited by the GDPR – although by reference to Article 78 of the GDPR it emerges that complaints shall result in an ‘outcome’.” As a result, individuals and NGOs filing complain ↗

Source: public consultation submissions and position papers. n = 7 mentions; counted as a literal reference to the article number.

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