Article 79
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.
Inspektorat kam Visshia sadeben savet
A court with jurisdiction to authorise disclosure of personal data to another judicial body is not required, of its own motion, to protect the persons concerned as regards compliance with Regulation 2016/679 provisions on the security of personal data where no action under Article 79(1) has been brought before it, even if that other body is known to have infringed those provisions in the past.
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.