Understanding GDPR's Data Breach Notification Requirements: What Controllers Need to Know from Essert Inc's blog

Data breaches can be a serious threat to the privacy and security of individuals' personal data. In response, the European Union's General Data Protection Regulation (GDPR) established strict data breach notification requirements to protect the rights and freedoms of individuals.

Under the GDPR, a data breach is defined as "a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored, or otherwise processed." This definition covers a broad range of incidents, including cyberattacks, theft, and accidental loss.

When a data breach occurs, controllers (the entities responsible for collecting and processing personal data) must notify the appropriate supervisory authority within 72 hours of becoming aware of the breach. If it is not possible to provide all the necessary information at the time of the initial notification, controllers can provide additional information in phases, as long as it is done without undue delay.

The notification to the supervisory authority must include:

• A description of the nature of the personal data breach, including the categories and approximate number of data subjects affected, and the categories and approximate number of personal data records concerned.
• The name and contact details of the data protection officer (if applicable) or other contact point where more information can be obtained.
• A description of the likely consequences of the personal data breach.
• A description of the measures taken or proposed to be taken by the controller to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects.

In addition to notifying the supervisory authority, controllers must also inform affected individuals without undue delay if the data breach is likely to result in a high risk to their rights and freedoms. This notification must be provided in clear and plain language and include the same information as the notification to the supervisory authority.

There are some exceptions to the notification requirement, such as if the personal data breach is unlikely to result in a risk to the rights and freedoms of individuals or if appropriate technical and organizational protection measures were in place that rendered the personal data unintelligible.

Failure to comply with the data breach notification requirements can result in significant fines and other penalties. Controllers should therefore have clear policies and procedures in place to detect, investigate, and respond to data breaches in a timely and effective manner.

In conclusion, the GDPR's data breach notification requirements are a crucial aspect of protecting individuals' personal data and ensuring their rights and freedoms are respected. By understanding and complying with these requirements, controllers can help prevent and mitigate the negative effects of data breaches, ultimately contributing to a more secure and trustworthy digital environment.