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Regulation (EU) 2016/679 (GDPR) · Chapter VIII · Remedies, liability and penalties

Art. 80 · Representation of data subjects

Text

  1. The data subject shall have the right to mandate a not-for-profit body, organisation or association which has been properly constituted in accordance with the law of a Member State, has statutory objectives which are in the public interest, and is active in the field of the protection of data subjects’ rights and freedoms with regard to the protection of their personal data to lodge the complaint on his or her behalf, to exercise the rights referred to in Articles 77, 78 and 79 on his or her behalf, and to exercise the right to receive compensation referred to in Article 82 on his or her behalf where provided for by Member State law.

  2. Member States may provide that any body, organisation or association referred to in paragraph 1 of this Article, independently of a data subject’s mandate, has the right to lodge, in that Member State, a complaint with the supervisory authority which is competent pursuant to Article 77 and to exercise the rights referred to in Articles 78 and 79 if it considers that the rights of a data subject under this Regulation have been infringed as a result of the processing.

Text: EUR-Lex, CELEX 32016R0679 (consolidated text with corrigenda).

Commentary

Non-profit bodies may represent the data subject, and (where the State allows it) act even without a mandate. The collective dimension, which the Representative Actions Directive builds on, and to whose annex the AI Act added itself in Art. 110.

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