Overview
This article ensures that individuals have the right to an effective judicial remedy against a supervisory authority’s legally binding decision or if the authority fails to act on a complaint within three months. Legal proceedings must be initiated before the courts of the Member State where the supervisory authority is established.
Key Principles
Judicial Access: Individuals can challenge decisions or inaction by supervisory authorities.
Timely Action: Remedies apply if the authority fails to act on complaints within three months.
Jurisdiction: Legal proceedings are brought before the courts in the Member State of the relevant supervisory authority.
Accountability: Ensures supervisory authorities remain responsible for timely and lawful actions.
Transparency: Individuals are informed of their right to seek judicial review.
Organizational Applicability
This article applies to:
Supervisory authorities issuing legally binding decisions or handling complaints.
Data subjects seeking judicial remedies against supervisory authorities.
Courts in EU Member States tasked with adjudicating challenges to authority actions.
Legal and compliance teams managing regulatory risk and responses.
Implementation Requirements
Ensure individuals are informed of their right to judicial remedies.
Establish procedures to respond to complaints within three months.
Provide access to documentation and decision records for legal proceedings.
Coordinate with courts to facilitate judicial review where applicable.
Implementation Guidance
Maintain records of all complaints and supervisory decisions.
Train staff on timelines and communication of data subject rights.
Develop a process to respond efficiently to judicial inquiries or proceedings.
Periodically review complaint handling and decision-making processes to mitigate legal risks.
Periodic Review
Frequency: Annually or when procedures, laws, or complaint handling processes change.
Responsible Role: Supervisory authority leadership, Compliance Team, or Legal.
Outcome: Ensure data subjects’ rights to judicial remedies are protected and authorities act within timelines.
Non-Compliance Risks
Fines: Up to €20 million or 4% of global annual turnover for supervised entities failing GDPR obligations.
Legal Exposure: Judicial challenges due to delayed or inadequate action on complaints.
Reputational Damage: Loss of trust in the authority’s responsiveness and GDPR enforcement.
Operational Risk: Failure to comply may result in court interventions, delays, or enforcement actions.