Article 78 of the GDPR: Right to legal recourse against a supervisory authority
Article 78 of the GDPR: Right to legal recourse against a supervisory authority
Article 78 of the GDPR recognizes that everyone has the right to exercise effective legal recourse against a supervisory authority. This right applies when the competent authority does not handle a complaint or takes a decision deemed unsatisfactory.
Article 78 of the GDPR explained
According to this article:
- Everyone has the right to challenge a decision of a supervisory authority before a national court;
- This right also applies in the event of failure to respond within a reasonable time to a complaint;
- The appeal is brought before the courts of the Member State in which the authority concerned is established;
- The supervisory authorities themselves can exercise this right under certain conditions.
This is a right of appeal guaranteed by the Charter of Fundamental Rights of the European Union.
Why is this article important for your GDPR compliance?
This right strengthens the accountability and transparency of supervisory authorities. Companies must understand that an administrative decision may be subject to judicial review, which involves rigorous documentation of their practices.
How to comply with Article 78 of the GDPR?
- Carefully document your interactions with supervisory authorities;
- Respect deadlines for responding to formal requests;
- Prepare a solid compliance file justifying your treatment in the event of litigation;
- In the event of disagreement with an authority, consider the appeal route with the support of your DPO or legal department.
Examples of application of Article 78 of the GDPR
- A company contests a fine imposed by the CNIL before the Council of State;
- A person takes legal action after a lack of response to their complaint;
- A supervisory authority in another country challenges the decision of a lead regulator.
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