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It does allow individuals to sue, and our right to justice is set out in article 79. It allows you to bring a suit to court in your (European) country of residence. You can sue for compensation for immaterial or material damages as set out in article 82. You should/might be able to sue for other things as well, such as forcing a company to delete data or provide you with a copy of data under processing. In Sweden there is case law where a claimant has received compensation for damages. So at least in Sweden court can be expected to award compensation when the case merits it.

I have myself brought two cases to court in Sweden, but settled before verdict. The reason I was able to settle is the verdict would probably have gone my way.

I agree with you that your local DPA is toothless. There are way to many cases for them to handle, that’s why we need to turn to the courts and not to our DPA to protect our rights.

Lastly, most claims will be small claims, that is, less than 1000 EUR. In small claims you’re only liable for a small portion of lawyers fee should you lose.

IANAL.



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