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Art. 79 GDPR · Chapter VIII: Remedies, liability and penalties

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

Text as of 28 October 2026 Reviewed by Sergio Maldonado Elvira on 29 October 2026

Summary (not the official text)

Each data subject has the right to an effective judicial remedy where he or she considers that his or her rights under the Regulation have been infringed as a result of processing. Proceedings against a controller or processor may be brought before the courts of the Member State where it has an establishment or where the data subject has habitual residence, unless the controller or processor is a public authority acting in the exercise of its public powers.

Official text

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.

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.

Source: Regulation (EU) 2016/679, Official Journal L 119, 4.5.2016, as corrected. Only the text published in the Official Journal is authentic. © European Union, https://eur-lex.europa.eu

Article 79 on EUR-Lex

Text as of 28 October 2026.

This is reference material, not legal advice.

This list is under review.

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