Difference between revisions of "Article 77 GDPR"

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Revision as of 10:40, 25 January 2020

Article 77 - Right to lodge a complaint with a supervisory authority
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Chapter 10: Delegated and implementing acts

Legal Text


Article 77 - Right to lodge a complaint with a supervisory authority


1. Without prejudice to any other administrative or judicial remedy, every data subject shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement if the data subject considers that the processing of personal data relating to him or her infringes this Regulation.

2. The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Article 78.

Relevant Recitals

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Commentary

(1) Right to a formal complaint

Requirements

Article 77(1) only has two requirements: A data subject must consider that his or her personal data was processed in violation of GDPR.

Data subject

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Alleged processing in violation of the GDPR

The data subject must at least allege that his or her data is processed in violation of the GDPR.

National procedural requirements

National procedural laws may require further elements in a submission. Any such requirements may however not undermine the effectiveness of Article 77(1) and may not more burdensome than requirements in equivalent national procedures.

Many DPAs provide forms that ensure that a complainant includes all relevant information in a complaint.

Jurisdiction

A(ny) DPA

The GDPR only requires that a supervisory authority (DPA) is addressed by the complaint. This general rule is only expanded by a non-exhaustive (in particular) list of possible DPAs. In summary this means, that a complainant may file a complaint with any DPA in Europe, independent of location.

Habitual residence

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Place of work

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Place of alleged infringement

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Alternative forms of submissions

Opening Clause

Article 77(1) GDPR explicitly recognizes that Member States may provide for additional forms of submissions and redress. They may however not replace the right to launch a formal complaint.

Informal Petitions

Some DPAs also allow different form of informal submissions that can be best described as "petitions". Petitions are informal submissions that inform the DPA of an issue. Anyone can petition a DPA, without the need to be a data subject. At the same time petitions do not require the DPA to take any action and the petitioner is usually not a party to the procedure. The petitioner usually has no right to appeal under Article 78 GDPR.

GDPR does not know petitions. Petitions may have a legal basis in national law, such as a general "right to petition" any government authority.

(2) Duty to inform the data subject

Progress

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Outcome

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Every three Months

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Information about Article 78

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National procedural law

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Decisions

→ You can find all related decisions in Category:Article 77 GDPR

References