Article 38 – Right to lodge a complaint
Title kept from the law in force; this text prints none.
Changes since19 November 2025COM(2025) 837, Art 38
Three paragraphs become five. Every text of this provision
Text as printed
Changes to the law in force · Changes since the Commission proposal
Without prejudice to any other administrative or judicial remedy, natural and legal persons shall have the right to lodge a complaint, individually or, where relevant, collectively:
with the relevant competent authority in the Member State of their habitual residence, place of work or establishment if they consider that their rights under this Regulation have been infringed;
any matter falling within the scope of this Regulation specifically against a recognised data intermediation services provider or a recognised data altruism organisation, with the relevant competent authority for the registration of data intermediation services or the relevant competent authority for the registration of data altruism organisations.
The data coordinator shall, upon request, provide all the necessary information to natural and legal persons for the lodging of their complaints with the appropriate competent authority.
The competent authority with which the complaint has been lodged shall inform the complainant, in accordance with national law, of:
the progress of the proceedings, of the decision taken; and
the judicial remedies provided for in Article 39.
Competent authorities shall cooperate to handle and resolve complaints effectively and in a timely manner, including by exchanging all relevant information by electronic means, without undue delay. This cooperation shall not affect the cooperation mechanisms provided for by Chapters VI and VII of Regulation (EU) 2016/679 and by Regulation (EU) 2017/2394.
This Article shall not apply to Chapters VIIb and VIIc.