keyboard_tab Digital Governance Act 2022/0868 EN
BG CS DA DE EL EN ES ET FI FR GA HR HU IT LV LT MT NL PL PT RO SK SL SV print pdf
- 1 Art. 27 Right to lodge a complaint
- 1 Art. 28 Right to an effective judicial remedy
CHAPTER I
General provisions
CHAPTER II
Re-use of certain categories of protected data held by public sector bodies
CHAPTER III
Requirements applicable to data intermediation services
CHAPTER IV
Data altruism
CHAPTER V
Competent authorities and procedural provisions
CHAPTER VI
European Data Innovation Board
CHAPTER VII
International access and transfer
CHAPTER VIII
Delegation and committee procedure
CHAPTER IX
Final and transitional provisions
- data
- re-use
- personal data
- non-personal data
- consent
- permission
- data subject
- data holder
- data user
- data sharing
- data intermediation service
- processing
- access
- main establishment
- services of data cooperatives
- data altruism
- public sector body
- bodies governed by public law
- public undertaking
- secure processing environment
- legal representative
- data 15
- competent 10
- authority 8
- altruism 7
- services 7
- intermediation 7
- organisations 6
- right 5
- registration 5
- judicial 5
- shall 5
- article 4
- remedy 4
- complaint 4
- persons 4
- legal 4
- relevant 4
- taken 3
- have 3
- effective 3
- against 3
- natural 3
- legally 2
- authorities 2
- lodge 2
- affected 2
- which 2
- recognised 2
- collectively 2
- referred 2
- binding 2
- decisions 2
- individually 2
- remedies 2
- before 1
- proceedings 1
- brought 1
- courts 1
- tribunals 1
- pursuant 1
- article 1
- either 1
- member state 1
- review 1
- innovation 1
- european 1
- chapter 1
- expertise 1
- appropriate 1
- body 1
Article 27
Right to lodge a complaint
1. Natural and legal persons shall have the right to lodge a complaint in relation to any matter falling within the scope of this Regulation, individually or, where relevant, collectively, with the relevant competent authority for data intermediation services against a data intermediation services provider or with the relevant competent authority for the registration of data altruism organisations against a recognised data altruism organisation.
2. The competent authority for data intermediation services or the competent authority for the registration of data altruism organisations with which the complaint has been lodged shall inform the complainant of:
| (a) | the progress of the proceedings and of the decision taken; and |
| (b) | the judicial remedies provided for in Article 28. |
Article 28
Right to an effective judicial remedy
1. Notwithstanding any administrative or other non-judicial remedies, any affected natural and legal persons shall have the right to an effective judicial remedy with regard to legally binding decisions referred to in Article 14 taken by the competent authorities for data intermediation services in the management, control and enforcement of the notification regime for data intermediation services providers and legally binding decisions referred to in Articles 19 and 24 taken by the competent authorities for the registration of data altruism organisations in the monitoring of recognised data altruism organisations.
2. Proceedings pursuant to this Article shall be brought before the courts or tribunals of the Member State of the competent authority for data intermediation services or the competent authority for the registration of data altruism organisations against which the judicial remedy is sought individually or, where relevant, collectively by the representatives of one or more natural or legal persons.
3. Where a competent authority for data intermediation services or a competent authority for the registration of data altruism organisations fails to act on a complaint, any affected natural and legal persons shall, in accordance with national law, either have the right to an effective judicial remedy or access to review by an impartial body with the appropriate expertise.
CHAPTER VI
European Data Innovation Board
whereas