ll concorso degli strumenti di tutela giurisdizionale previsti dal GDPR tra diritto ad un ricorso effettivo ed esigenza di coerenza delle decisioni. Note a margine della sentenza BE c. NAIH

According to the Court of Justice, Articles 78 and 79 of the General Data Protection Regulation (GDPR) give each data subject the right to appeal to the courts to challenge a legally binding decision of the supervisory authority and the right to bring judicial proceedings against the controller or processor. Those provisions, read in the light of Article 47 of the Charter of Fundamental Rights of the European Union, establish cumulative and autonomous remedies. It is for the Member States, in accordance with the principle of procedural autonomy, to lay down the detailed rules for articulating such remedies in order to ensure the effectiveness of the protection of the rights guaranteed by the GDPR, the consistent and homogeneous application of the provisions of the GDPR, and the right to an effective judicial remedy, enshrined in Article 47 of the Charter. The principles affirmed by the BE v. NAIH judgment strengthen the right to an effective judicial remedy in the field of personal data protection.