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ARTICLE · 26 NOVEMBER 2018

Personal Data Breach Notification Obligations Arise From Various Sources, Not Only The GDPR

Since 25 May 2018, controllers experiencing a personal data breach must – as a general rule – notify it to the appropriate supervisory authority.

European UnionPrivacy

Since 25 May 2018, controllers experiencing a personal data breach must – as a general rule – notify it to the appropriate supervisory authority. Not all breaches will require notifications: those that do not pose a risk to the rights and freedoms of natural persons will generally fall under the radar. However, if such risk shall exist, the data controller will be required to notify a given breach to the relevant supervisory authority as well as to the natural persons concerned – if the likelihood of risk is high.

As defined under article 4 of the General Data Protection Regulation (GDPR), personal data breach means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data. This includes accidental/unintentional and willful/intentional breaches. It also means that a breach is more than just about losing personal data, since a mere lack of access by the controller to the personal

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