Source: OJ L 119, 4.5.2016, pp. 1–88 · Consolidated textCurrent language: EN
- General data protection
Basic legislative acts
- GDPR regulation
Article 77 Right to lodge a complaint with a supervisory authority
Summary What does Article 77 of the GDPR regulation say?
This article establishes the right of data subjects to lodge a complaint with a supervisory authority when they believe their personal data has been processed in a way that infringes the GDPR.
It is a key enforcement-facing right for individuals, sitting within the broader framework of data subject remedies.
Importantly, this right exists without prejudice to any other administrative or judicial remedy, meaning it does not replace or limit other avenues available to the data subject.
The article also places an obligation on the supervisory authority to keep the complainant informed throughout the process.
Important points:
- Data subjects have the right to lodge a complaint with a supervisory authority in the Member State of their habitual residence, place of work, or place of the alleged infringement.
- This right exists alongside, and does not replace, any other administrative or judicial remedy available to the data subject.
- Supervisory authorities are required to inform the complainant of the progress and outcome of the complaint, including the possibility of a judicial remedy under Article 78.
Springlex's summary of the article is a reading aid, not a substitute for the legal text.
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.
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
Recital 141 Right to complain and judicial remedy
Every data subject should have the right to lodge a complaint with a single supervisory authority, in particular in the Member State of his or her habitual residence, and the right to an effective judicial remedy in accordance with Article 47 of the Charter if the data subject considers that his or her rights under this Regulation are infringed or where the supervisory authority does not act on a complaint, partially or wholly rejects or dismisses a complaint or does not act where such action is necessary to protect the rights of the data subject. The investigation following a complaint should be carried out, subject to judicial review, to the extent that is appropriate in the specific case. The supervisory authority should inform the data subject of the progress and the outcome of the complaint within a reasonable period. If the case requires further investigation or coordination with another supervisory authority, intermediate information should be given to the data subject. In order to facilitate the submission of complaints, each supervisory authority should take measures such as providing a complaint submission form which can also be completed electronically, without excluding other means of communication.
Springlex and this text is meant purely as a documentation tool and has no legal effect. No liability is assumed for its content. The authentic version of this act is the one published in the Official Journal of the European Union.
Definition
processing
Definition
supervisory authority
Definition
personal data