Article 80

14d. In Article 80, paragraphs 1 and 2 are replaced by the following:

"Article 80 Representation of data subjects 1. The data subject shall have the right to mandate a not-for-profit body, organisation or association which has been properly constituted in accordance with the law of a Member State, has statutory objectives which are in the public interest, and is active in the field of the protection of data subjects' rights and freedoms with regard to the protection of their personal data to lodge the complaint on his or her behalf, to exercise the rights referred to in Articles 77, and 78 and the right referred to in Article 79 on his or her behalf, and to exercise the right to receive compensation referred to in Article 82 on his or her behalf where provided for by Member State law, with the exception of the right to claim compensation and liability under Article 82. 2. Member States may provide that any body, organisation or association referred to in paragraph 1 of this Article, independently of a data subject’s mandate, has the right to lodge, in that Member State, a complaint with the supervisory authority which is competent pursuant to Article 77 and to exercise the rightsright referred to in ArticlesArticle 78 and 79, with the exception of the right to claim compensation and liability under Article 82, if it considers that the rights of a data subject under this Regulation have been infringed as a result of the processing."

Justification

The amendment preserves representative complaints and judicial remedies while clarifying that compensation under Article 82 remains a personal claim requiring proven damage. Non-material damage should be compensable where the infringement causes a significant impairment, ensuring effective redress without turning minor or purely formal infringements into mass claims. This protects data subjects’ individual rights, legal certainty for controllers and processors, and a proportionate balance between enforcement and liability.