Article 38 – Right to lodge a complaint

Source: ST 13886/26, page 110 pp. 110–111

Preview full amended act

Title kept from the law in force; this text prints none.

Changes since3 September 2026ST 12535/26, Art 38

Same wording as in the Council text of 3 September 2026. Every text of this provision

Text as printed

Same wording since 3 September · Changes since the Commission proposal

Article 38 In every text (Article 38)

Its wording is printed below, under Article 38(1), (2), (3), (4) and (5).

ST 13886/26, pages 110–111

Article 38(1) In every text (Article 38(1))

(1)

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:

ST 13886/26, pages 110–111

Article 38(1)(a) In every text (Article 38(1)(a))

(a)

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;

ST 13886/26, page 110

Article 38(1)(b) In every text (Article 38(1)(b))

(b)

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.

ST 13886/26, pages 110–111

Article 38(2) In every text (Article 38(2))

(2)

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.

ST 13886/26, page 111

Article 38(3) In every text (Article 38(3))

(3)

The competent authority with which the complaint has been lodged shall inform the complainant, in accordance with national law, of:

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Article 38(3)(a) In every text (Article 38(3)(a))

(a)

the progress of the proceedings, of the decision taken; and

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Article 38(3)(b) In every text (Article 38(3)(b))

(b)

the judicial remedies provided for in Article 39.

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Article 38(4) In every text (Article 38(4))

(4)

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.

ST 13886/26, page 111

Article 38(5) In every text (Article 38(5))

(5)

This Article shall not apply to Chapters VIIb and VIIc.

ST 13886/26, page 111