Arbitration allow a both parties to settle the dispute outside the court where the arbitrator would decide the law to b e applied to the dispute?.

However, arbitration will not exempt their obligation under the GDPR if the issue is related to GDPR compliance?

  • Between parties vs between a party and the state. Nov 7, 2021 at 5:30
  • Art 79(2) GDPR specifies before which court disputes between controllers and data subjects shall be brought. Of course the parties can voluntarily go to arbitration. However, I see no way how a Controller could prevent the Data Subject from taking the matter to a court. The “right to an effective judicial remedy” allows no exceptions.
    – amon
    Nov 7, 2021 at 9:50

1 Answer 1


Arbitration is a private dispute resolution process

For grievances between private parties, they can agree to resolve them through arbitration.

For breaches of public law (like GDPR) the state is the one against whom the offence is committed. Arbitration is not available to resolve these matters - resolution is through the courts or administrative tribunals.

  • 1
    GDPR is both public and private law. While the regulation is typically enforced through supervisory authorities, Art 79 provides an individual ”right to effective judicial remedy“.
    – amon
    Nov 7, 2021 at 9:53
  • 1
    @amon “judicial remedy” means a court - not an arbitrator
    – Dale M
    Nov 7, 2021 at 10:05
  • @DaleM Almost anything for which there is a "judicial remedy" may be resolved by agreement in binding, mandatory arbitration, including pre-dispute agreement. Public law matters can usually be resolved through arbitration as well, but only if the government agrees to do so, which usually only happens in international disputes between states.
    – ohwilleke
    Nov 8, 2021 at 18:34

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