Art. 39 Right to an effective judicial remedy | Data act regulation | Data act

This article establishes the right of affected parties to seek judicial redress in relation to the actions or inactions of competent authorities under the Data Act.

It complements Article 38, which deals with the complaints process before competent authorities, by ensuring that individuals and businesses are not left without recourse once that administrative process has run its course.

The article covers two distinct scenarios: challenging a binding decision made by a competent authority, and responding to a competent authority's failure to act on a complaint at all.

Important points:

Any affected natural or legal person has the right to an effective judicial remedy against legally binding decisions of competent authorities.
Where a competent authority fails to act on a complaint, affected persons must have access to either a judicial remedy or review by an impartial body with appropriate expertise.
Proceedings must be brought before the courts or tribunals of the Member State of the competent authority in question, and can be brought collectively.

1. Notwithstanding any administrative or other non-judicial remedy, any affected natural and legal person shall have the right to an effective judicial remedy with regard to legally binding decisions taken by competent authorities.
1. Where a competent authority fails to act on a complaint, any affected natural and legal person shall, in accordance with national law, either have the right to an effective judicial remedy or access to review by an impartial body with the appropriate expertise.
1. Proceedings pursuant to this Article shall be brought before the courts or tribunals of the Member State of the competent authority against which the judicial remedy is sought individually or, where relevant, collectively by the representatives of one or more natural or legal persons.