AI Summary of Article 34 Notification of a personal data breach to the European Data Protection Supervisor
In the event of a personal data breach, controllers are obliged to notify the European Data Protection Supervisor within 72 hours of becoming aware of the incident, unless the breach poses no significant risk to individuals' rights and freedoms. If notification is delayed beyond this timeframe, justifications for the delay must be provided.
Notifications must include details such as the nature of the breach, affected data subjects, potential consequences, and remedial measures taken. Additionally, controllers must inform their data protection officer and maintain records that document the breach, impacting effects, and corrective actions for compliance verification.
Article 34 Notification of a personal data breach to the European Data Protection Supervisor
1. In the case of a personal data breach, the controller shall without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the personal data breach to the European Data Protection Supervisor, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons. Where the notification to the European Data Protection Supervisor is not made within 72 hours, it shall be accompanied by reasons for the delay.
2. The processor shall notify the controller without undue delay after becoming aware of a personal data breach.
3. The notification referred to in paragraph 1 shall at least:
(a) describe the nature of the personal data breach including where possible, the categories and approximate number of data subjects concerned and the categories and approximate number of personal data records concerned;
(b) communicate the name and contact details of the data protection officer;
(c) describe the likely consequences of the personal data breach;