---
title: "Art. 38 Data Act: Right to lodge a complaint"
canonical: "https://dposchool.com/data-act/article/38"
source: "https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32023R2854#art_38"
source_note: "Source: Regulation (EU) 2023/2854, OJ L, 2023/2854, 22.12.2023, as corrected. Only the text published in the Official Journal is authentic. © European Union, https://eur-lex.europa.eu"
text_as_of: "2023-12-22"
language: "en"
publisher: "DPO School"
---

Art. 38 Data Act · Chapter IX: IMPLEMENTATION AND ENFORCEMENT

# Article 38 Data Act: Right to lodge a complaint

Official Journal text of 22 December 2023, as corrected (OJ L, 2024/90790, 9.12.2024). Retrieved 30 October 2026.

## Official text

### Article 38(1)

**1.** Without prejudice to any other administrative or judicial remedy, natural and legal persons shall have the right to lodge a complaint, individually or, where relevant, collectively, with the relevant competent authority in the Member State of their habitual residence, place of work or establishment if they consider that their rights under this Regulation have been infringed. The data coordinator shall, upon request, provide all the necessary information to natural and legal persons for the lodging of their complaints with the appropriate competent authority.

### Article 38(2)

**2.** The competent authority with which the complaint has been lodged shall inform the complainant, in accordance with national law, of the progress of the proceedings and of the decision taken.

### Article 38(3)

**3.** Competent authorities shall cooperate to handle and resolve complaints effectively and in a timely manner, including by exchanging all relevant information by electronic means, without undue delay. This cooperation shall not affect the cooperation mechanisms provided for by Chapters VI and VII of Regulation (EU) 2016/679 and by Regulation (EU) 2017/2394.

## Source

Source: Regulation (EU) 2023/2854, OJ L, 2023/2854, 22.12.2023, as corrected. Only the text published in the Official Journal is authentic. © European Union, https://eur-lex.europa.eu

[Article 38 on EUR-Lex](https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32023R2854#art_38)

Official Journal text of 22 December 2023, as corrected (OJ L, 2024/90790, 9.12.2024). Retrieved 30 October 2026.

This is reference material, not legal advice.

## Navigation

[Data Act Navigator](https://dposchool.com/data-act) / [Chapter IX](https://dposchool.com/data-act/chapter/9) / Article 38

Previous: [Art. 37 Data Act: Competent authorities and data coordinators](https://dposchool.com/data-act/article/37)

Next: [Art. 39 Data Act: Right to an effective judicial remedy](https://dposchool.com/data-act/article/39)

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- Machine-readable index: https://dposchool.com/data-act/llms.txt
- JSON API: https://dposchool.com/data-act/api/v1/index.json
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