General Data Protection Regulation

Article 77

Right to lodge a complaint with a supervisory authority

1. 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.

2. 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.

Holdings

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C-474/2414 Jul 2026

AR and Others v Österreichische Datenschutzbehörde and Others

5. Article 77 of Regulation 2016/679

must be interpreted as meaning that a complaint lodged on the basis of that article, seeking to prevent the publication on the internet of personal data relating to the infringement of anti-doping rules, is admissible where, on the date on which that complaint is lodged with the competent supervisory authority, there are specific indications that that publication is imminent or will take place in the near future.

C-414/2418 Jun 2026

Datenschutzbehörde and Dr. G S v Bundesministerin für Justiz and D GmbH

Article 77(1) and Article 79(1) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)

must be interpreted as precluding a supervisory authority, with which a complaint has been lodged under Article 77(1) of that regulation, from rejecting that complaint on the sole ground that judicial proceedings under Article 79(1) thereof, and concerning the same subject matter, have already been brought and even though the decision given in those proceedings is not yet final.

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-33/2216 Jan 2024

Österreichische Datenschutzbehörde v WK

Where a Member State has set up a single supervisory authority under Regulation 2016/679 but has not given it power to monitor a parliamentary committee of inquiry that scrutinises the executive, Article 77(1) and Article 55(1) directly give that authority power to hear complaints about that committee's processing of personal data.

C-132/2112 Jan 2023

BE v Nemzeti Adatvédelmi és Információszabadság Hatóság

The remedies under Articles 77(1) and 78(1), on the one hand, and under Article 79(1), on the other, may be pursued concurrently and independently. It is for the Member States to lay down the detailed rules governing the relationship between those remedies so as to ensure effective protection of the rights guaranteed by the GDPR, the consistent and homogeneous application of the GDPR, and the right to an effective remedy before a court or tribunal under Article 47 of the Charter.