Right to an effective judicial remedy against a controller or processor
General Data Protection Regulation · UE 2016/679
Right to an effective judicial remedy against a controller or processor
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.
In Luxembourg, the Article 79 action is brought before the ordinary civil courts (tribunal d'arrondissement), and the competent authority for the prior administrative phase remains the CNPD, never a non-existent APDL. The law of 1 August 2018 organising the CNPD articulates the administrative remedy before the CNPD and the judicial route, which may be exercised in parallel.
Luxgap practice: keep, for each data subject residing in Luxembourg, an evidence file in French or German directly usable by the tribunal d'arrondissement, to avoid any rushed translation if a summons arrives.
