Article 79 GDPR

=== (1) Right to an effective judicial remedy ====== (1) Right to an effective judicial remedy === Under Article 79(1) GDPR, each data subject shall have the right to an effective judicial remedy where they consider that their rights under this Regulation have been infringed as a result of the processing of their personal data in non-compliance with the GDPR. From the wording of the provision, through the use of the word '''where''', access to the right is conditional. The provision introduces a two stage cumulative test to determine the applicability of the right: (i) A data subject must consider that a controller or processor have violated their rights under the GDPR, (ii) as a result of the processing of their personal data in non-compliance with the GDPR.Under Article 79(1) GDPR, each data subject shall have the right to an effective judicial remedy where they consider that their rights under this Regulation have been infringed as a result of the processing of their personal data i