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
- 4 Art. 28 Right to an effective judicial remedy
- 1 Art. 34 Penalties
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 22
- services 10
- intermediation 10
- shall 10
- altruism 9
- article 7
- recognised 6
- competent 6
- organisations 5
- remedy 5
- penalties 5
- pursuant 5
- organisation 4
- registration 4
- authority 4
- judicial 4
- effective 4
- taken 3
- provider 3
- rules 3
- infringements 3
- infringement 3
- natural 3
- right 3
- legal 3
- persons 3
- take 3
- providers 3
- losses 2
- benefits 2
- european 2
- innovation 2
- into 2
- member states 2
- member states 2
- notify 2
- conditions 2
- account 2
- measures 2
- applicable 2
- board 2
- legally 2
- and 2
- have 2
- articles 2
- binding 2
- decisions 2
- referred 2
- authorities 2
- affected 2
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
Article 34
Penalties
1. Member States shall lay down the rules on penalties applicable to infringements of the obligations regarding transfers of non-personal data to third countries pursuant to Article 5(14) and Article 31, the notification obligation of data intermediation services providers pursuant to Article 11, the conditions for providing data intermediation services pursuant to Article 12 and the conditions for the registration as a recognised data altruism organisation pursuant to Articles 18, 20, 21 and 22, and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. In their rules on penalties, Member States shall take into account the recommendations of the European Data Innovation Board. Member States shall, by 24 September 2023, notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.
2. Member States shall take into account the following non-exhaustive and indicative criteria for the imposition of penalties on data intermediation services providers and recognised data altruism organisations for infringements of this Regulation, where appropriate:
| (a) | the nature, gravity, scale and duration of the infringement; |
| (b) | any action taken by the data intermediation services provider or recognised data altruism organisation to mitigate or remedy the damage caused by the infringement; |
| (c) | any previous infringements by the data intermediation services provider or recognised data altruism organisation; |
| (d) | the financial benefits gained or losses avoided by the data intermediation services provider or recognised data altruism organisation due to the infringement, insofar as such benefits or losses can be reliably established; |
| (e) | any other aggravating or mitigating factors applicable to the circumstances of the case. |
whereas