Your Right to an Effective Judicial Remedy

You have a right to an effective judicial remedy. This means if you feel your personal data is being processed in a manner which does not comply with the GDPR then you can seek remedy in the courts.

Importantly, this right is available to you “without prejudice” to any other remedy. This means that you can lodge a complaint with the Data Protection Commission or another supervisory authority and also seek a judicial remedy independent of this.

Your right to an effective judicial remedy is set out in Article 79 of the GDPR. The full text of this article is at the bottom of this page.

When there is relevant Irish case law available we’ll add it to this page.

Where next?

Read more elsewhere

‘Right to compensation and liability’, Data Protection Commission of Ireland

1. Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority pursuant to Article 77, each data subject shall have the right to an effective judicial remedy where he or she considers that his or her rights under this Regulation have been infringed as a result of the processing of his or her personal data in non-compliance with this Regulation.

2. Proceedings against a controller or a processor shall be brought before the courts of the Member State where the controller or processor has an establishment. Alternatively, such proceedings may be brought before the courts of the Member State where the data subject has his or her habitual residence, unless the controller or processor is a public authority of a Member State acting in the exercise of its public powers.

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