General Data Protection Regulation

Article 57

Tasks

1. Without prejudice to other tasks set out under this Regulation, each supervisory authority shall on its territory:

2. Each supervisory authority shall facilitate the submission of complaints referred to in point (f) of paragraph 1 by measures such as a complaint submission form which can also be completed electronically, without excluding other means of communication.

3. The performance of the tasks of each supervisory authority shall be free of charge for the data subject and, where applicable, for the data protection officer.

4. Where requests are manifestly unfounded or excessive, in particular because of their repetitive character, the supervisory authority may charge a reasonable fee based on administrative costs, or refuse to act on the request. The supervisory authority shall bear the burden of demonstrating the manifestly unfounded or excessive character of the request.

Holdings

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C-416/239 Jan 2025

Österreichische Datenschutzbehörde v F R

In Article 57(4) of Regulation 2016/679, 'request' includes the complaints referred to in Article 57(1)(f) and Article 77(1) of that regulation.

C-416/239 Jan 2025

Österreichische Datenschutzbehörde v F R

Requests are not 'excessive' under Article 57(4) solely because many were made within a specific period. A supervisory authority may use that option only if it shows that the person who made the requests acted abusively.

C-416/239 Jan 2025

Österreichische Datenschutzbehörde v F R

When requests are excessive, a supervisory authority may, by reasoned decision, either charge a reasonable fee based on administrative costs or refuse to act on the requests. It must take account of all relevant circumstances and ensure that the option chosen is appropriate, necessary and proportionate.