Under chapter 8 of the GDPR the procedure for proceedings has been provided and representation of data subjects is mandatory, such representation also forms a part of the principle of natural justice.
Representation of Data Subjects (Art. 80)
Under this article it is stated that the data subject must have the right to mandate a not-for-profit body, organization or association which has been properly constituted in accordance with the law of a member state, has statutory objectives which are in the public, and is active in the field of protection of data subjects’ rights and freedom with regard to the protection of their personal data to lodge the complaint on his or her behalf, to exercise the right to receive compensation on his/her behalf where provided for by Member State law.
Member state may provide that any body, organization or association referred under para 1 of article 80, independence of a data subject’s mandate, has the right to lodge, in that member state, a complaint with the supervisory authority which is competent and to exercise the rights if it considers that the rights of a data subject under GDPR have been infringed as a result of the processing.
Suspension of Proceedings (Art.81)
Where a competent court of a Member State has information on proceedings, concerning the same subject matter as regards processing by the same controller or processor, that are pending in a court in another Member State, it shall contact that court in the other Member State to confirm the existence of such proceedings.
Where proceedings concerning the same subject matter as regards processing of the same controller or processor are pending in a court in another Member State, any competent court other than the court first seized may suspend its proceedings.
Where those proceedings are pending at first instance, any court other than the court first seized may also, on the application of one of the parties, decline jurisdiction if the court first seized has jurisdiction over the action in question and its law permits the consolidation thereof.
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