Regulation by the citizen: rights, remedies, representation and compensation
Citizens are the 'second line of defence' - and the ~500 million citizens across the EU and UK are massive enforcement firepower. The GDPR gives individuals choices: exercise their rights against the controller, complain to a DPA, or litigate in court - or pursue several at once. Key articles: Article 77 (complaints), Article 79 (judicial remedy against controllers/processors), Article 78 (remedy against a DPA), Article 80 (representative actions), Article 82 (compensation for material or non-material damage).
The GDPR does not require an individual to use their data subject rights against a controller before complaining to a DPA or going to court - they can take either path directly, or both at once. In reality, complaining to a regulator is the low-risk, preferred option, because litigation is expensive and, in some countries (e.g. the UK), the loser can be ordered to pay the winner's costs.
| Article | Remedy | Key feature / forum |
|---|---|---|
| 77 | Complaint to a DPA | Individual may choose the DPA for their residence, place of work, or place of the infringement |
| 78 | Judicial remedy against a DPA | Used where a DPA decision affects you, or it fails to act / decide within three months |
| 79 | Judicial remedy against a controller/processor | Home court or court of establishment; available alongside a DPA complaint |
| 80 | Representative action (CSO) | A not-for-profit represents one or more individuals; member states may allow this without a mandate |
| 82 | Compensation | Material or non-material damage; non-material includes distress |
The phrase material or non-material damage in resolves old ambiguity (settled in the UK by Vidal-Hall): damage clearly includes distress and other non-pecuniary harm. Recital 146 says 'damage' should be interpreted broadly. Where multiple parties are at fault, any responsible controller/processor can be liable for all the damage and then seek indemnities.
Key terms - quick answers
What is “Right to lodge a complaint”?
What is “Effective judicial remedy”?
What is “Representative action”?
What is “Compensation”?
Sources and study method
This independent lesson uses active recall, spaced retrieval and scenario practice. Read the full study method.