Article 80 of the GDPR: Representation of data subjects
Article 80 of the GDPR: Representation of data subjects
Article 80 of the GDPR allows a data subject to mandate a rights organization or association to exercise their rights on their behalf or act collectively against a data controller.
Article 80 of the GDPR explained
The article has two parts:
- The data subject may mandate an organization to file a complaint, exercise recourse or seek redress on its behalf;
- Some Member States may authorize these organizations to act without specific mandate if a violation of rights is presumed to be collective (class action).
This mechanism strengthens access to justice and the protection of fundamental rights, particularly in cases of massive or abusive treatment.
Why is this article important for your GDPR compliance?
It opens the way to collective actions regarding personal data, increasing reputational and legal risks. Companies must be more vigilant, because an error can lead to action by expert associations.
How to comply with Article 80 of the GDPR?
- Ensure that your processing scrupulously respects the rights of the persons concerned;
- Provide simple and visible remedies on your site;
- Follow legal news in your country regarding collective action possibilities;
- Develop a crisis management strategy in the event of litigation brought by a third-party organization.
Examples of application of Article 80 of the GDPR
- An NGO takes legal action against a social network for abusive profiling;
- An association contacts the supervisory authority on behalf of several Internet users who are victims of a data breach;
- A user entrusts his file to an association specializing in data protection to be represented.
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