Overview
This article ensures that data subjects can seek an effective judicial remedy if they believe their rights under GDPR have been infringed due to non-compliance by a controller or processor. Legal proceedings can be initiated before the courts of the Member State where the controller or processor is established, or where the data subject has their habitual residence.
Key Principles
Judicial Access: Individuals have the right to challenge controllers or processors for GDPR violations.
Jurisdiction Flexibility: Proceedings can be brought in the Member State of establishment or habitual residence of the data subject.
Accountability: Controllers and processors are legally accountable for GDPR compliance.
Transparency: Data subjects are informed of their right to pursue legal remedies.
Protection of Rights: Ensures enforcement of data subjects’ fundamental rights under GDPR.
Organizational Applicability
This article applies to:
Controllers and processors processing personal data of EU/EEA data subjects.
Data subjects seeking judicial remedies for non-compliance.
Courts in EU Member States with jurisdiction over controllers, processors, or the data subject.
Legal and compliance teams managing regulatory risk and responding to judicial actions.
Implementation Requirements
Inform data subjects of their right to judicial remedies under GDPR.
Provide documentation and access to evidence in support of judicial proceedings.
Respond appropriately to court requests and legal proceedings.
Maintain records of complaints and actions taken to demonstrate accountability.
Implementation Guidance
Develop procedures for handling data subject complaints and legal inquiries.
Train staff on timelines, documentation, and communication related to judicial remedies.
Coordinate with legal counsel to ensure compliance and effective response in court proceedings.
Periodically review complaint handling and remedial processes to reduce risk of non-compliance.
Periodic Review
Frequency: Annually or upon changes to complaint handling, legal processes, or regulatory requirements.
Responsible Role: Compliance Team, Data Protection Officer (DPO), or Legal.
Outcome: Ensure data subjects have access to judicial remedies and controllers/processors comply with GDPR obligations.
Non-Compliance Risks
Fines: Up to €20 million or 4% of global annual turnover for controllers or processors failing GDPR obligations.
Legal Exposure: Judicial actions and potential liability for GDPR violations.
Reputational Damage: Loss of trust among data subjects and stakeholders.
Operational Risk: Non-compliance may lead to court interventions, enforcement actions, or operational disruption.