Paragraph 17 GDPR: right to an effective remedy against the CommissionerF1

(1)

This paragraph applies where—

(a)

proceedings are brought against a decision made by the Commissioner before IP completion day, and

(b)

the Commissioner's decision was preceded by an opinion or decision of the European Data Protection Board in accordance with the consistency mechanism referred to in Article 63 of the EU GDPR.

(2)

The Commissioner must forward the Board's opinion or decision to the court or tribunal dealing with the proceedings.

Annotations

Textual amendments

F1: Sch. 21 inserted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 2 para. 102 (with reg. 5, Sch. 3 para. 111(6)) (as amended by S.I. 2020/1586, regs. 1(2), 5(4)); 2020 c. 1, Sch. 5 para. 1(1)

Notes on Schedule 21

Modifications

C1: Sch. 21: power to amend conferred (19.6.2025) by Data (Use and Access) Act 2025 (c. 18), ss. 142(2)(g), 143(2)