VERŻJONI ELETTRONIKA A 798 Appeal, as the case may be, so orders, be suspended by virtue of the appeal: Provided that any administrative fine imposed by the Commissioner shall not apply until the person on whom the administrative fine is imposed has exhausted all legal remedies provided pursuant to articles 26 and 29, or if the person to whom the decision is addressed has permitted the relevant time-limits to expire without availing himself of the said legal remedies. (4) The decisions of the Tribunal shall be notified to all parties to the appeal and to the Commissioner, by any of the methods of service referred to in article 23. Court of Appeal. Cap. 12. Right to take action against the controller or processor. 29. Any party to an appeal before the Tribunal who feels aggrieved by a decision of the Tribunal, or the Commissioner if he feels aggrieved by any such decision, may appeal to the Court of Appeal as constituted in accordance with article 41(6) of the Code of Organization and Civil Procedure by means of an application filed in the registry of that court within twenty days from the date on which the decision of the Tribunal was notified pursuant to article 26. 30. (1) Without prejudice to any other remedy available to him, including the right to lodge a complaint with the Commissioner, a data subject may, where he believes that his rights under the Regulation or this Act have been infringed as a result of the processing of his personal data in contravention of the provisions of the Regulation or this Act, by sworn application filed before the First Hall of the Civil Court, institute an action for an effective judicial remedy against the controller or processor concerned. (2) A data subject may also, by sworn application filed before the First Hall of the Civil Court, institute an action for damages against the controller or processor who processes personal data in contravention of the provisions of the Regulation or this Act. (3) If in determining an action under sub-article (2) the court finds that the controller or processor is liable for the damage caused pursuant to Article 82 of the Regulation, the court shall determine the amount of damages, including, but not limited to, moral damages as the court may determine, due to the data subject. (4) Any action under this article shall be instituted within a period of twelve months from the date when the data subject became aware, or ought to have reasonably become aware, of such a contravention, whichever is the earlier.

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