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Chapter VIII – Remedies, liability and penalties (Art. 77-84)

Art. 77 GDPR - Right to lodge a complaint with a supervisory authority arrow_right_alt

Art. 78 GDPR - Right to an effective judicial remedy against a supervisory authority arrow_right_alt

Art. 79 GDPR - Right to an effective judicial remedy against a controller or processor arrow_right_alt

Art. 80 GDPR - Representation of data subjects arrow_right_alt

Art. 81 GDPR - Suspension of proceedings arrow_right_alt

Art. 82 GDPR - Right to compensation and liability arrow_right_alt

Art. 83 GDPR - General conditions for imposing administrative fines arrow_right_alt

Art. 84 GDPR - Penalties arrow_right_alt

  1. Member States shall lay down the rules on other penalties applicable to infringements of this Regulation in particular for infringements which are not subject to administrative fines pursuant to Article 83, and shall take all measures necessary to ensure that they are implemented. Such penalties shall be effective, proportionate and dissuasive.
  2. Each Member State shall notify to the Commission the provisions of its law which it adopts pursuant to paragraph 1, by 25 May 2018 and, without delay, any subsequent amendment affecting them.
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  • 149
  • 152

Recital 149

Member States should be able to lay down the rules on criminal penalties for infringements of this Regulation, including for infringements of national rules adopted pursuant to and within the limits of this Regulation. Those criminal penalties may also allow for the deprivation of the profits obtained through infringements of this Regulation. However, the imposition of criminal penalties for infringements of such national rules and of administrative penalties should not lead to a breach of the principle of ne bis in idem, as interpreted by the Court of Justice.

Recital 152

Where this Regulation does not harmonise administrative penalties or where necessary in other cases, for example in cases of serious infringements of this Regulation, Member States should implement a system which provides for effective, proportionate and dissuasive penalties. The nature of such penalties, criminal or administrative, should be determined by Member State law.