4.5.2016
EN
Official Journal of the European Union
L 119/129
2.
Without prejudice to any other administrative or non-judicial remedy, each data subject shall have the right to an
effective judicial remedy where the supervisory authority which is competent pursuant to Article 45(1) does not handle
a complaint or does not inform the data subject within three months of the progress or outcome of the complaint
lodged pursuant to Article 52.
3.
Member States shall provide for proceedings against a supervisory authority to be brought before the courts of the
Member State where the supervisory authority is established.
Article 54
Right to an effective judicial remedy against a controller or processor
Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a
supervisory authority pursuant to Article 52, Member States shall provide for the right of a data subject to an effective
judicial remedy where he or she considers that his or her rights laid down in provisions adopted pursuant to this
Directive have been infringed as a result of the processing of his or her personal data in non-compliance with those
provisions.
Article 55
Representation of data subjects
Member States shall, in accordance with Member State procedural law, provide for the data subject to have the right to
mandate a not-for-profit body, organisation or association which has been properly constituted in accordance with
Member State law, has statutory objectives which are in the public interest and is active in the field of protection of data
subject's rights and freedoms with regard to the protection of their personal data to lodge the complaint on his or her
behalf and to exercise the rights referred to in Articles 52, 53 and 54 on his or her behalf.
Article 56
Right to compensation
Member States shall provide for any person who has suffered material or non-material damage as a result of an unlawful
processing operation or of any act infringing national provisions adopted pursuant to this Directive to have the right to
receive compensation for the damage suffered from the controller or any other authority competent under Member State
law.
Article 57
Penalties
Member States shall lay down the rules on penalties applicable to infringements of the provisions adopted pursuant to
this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall
be effective, proportionate and dissuasive.
CHAPTER IX
Implementing acts
Article 58
Committee procedure
1.
The Commission shall be assisted by the committee established by Article 93 of Regulation (EU) 2016/679. That
committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
2.
Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
3.
Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with
Article 5 thereof, shall apply.
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