Art. 38 Right to lodge a complaint | Data act regulation | Data act

This article establishes the complaint mechanism available to individuals and legal persons who believe their rights under the Data Act have been infringed.

It sits alongside Article 39, which covers judicial remedies, together forming the broader enforcement and redress framework for affected parties.

The article covers three main elements: the right to file a complaint with a competent authority, the obligation of that authority to keep complainants informed, and the requirement for competent authorities to cooperate with one another when handling complaints.

Important points:

Natural and legal persons have the right to lodge complaints individually or collectively with the competent authority in their Member State of residence, work, or establishment.
Competent authorities are required to keep complainants informed of the progress and outcome of proceedings, in accordance with national law.
Competent authorities are required to cooperate and exchange all relevant information by electronic means, without undue delay, to resolve complaints effectively and in a timely manner.

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.
1. 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.
1. 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.