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Notification of data breaches

The GDPR introduces the obligation to notify data breaches to the Commissioner for of Personal Data Protection, without undue delay and, where feasible, not later than 72 hours after having become aware of it, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons.

The data breach should be notified to the lead supervisory authority in accordance with Article 55, for cross-border cases.

When the data breach is likely to result in a high risk to the rights and freedoms of natural persons, the controller must communicate the data breach to the data subject without undue delay.

A similar obligation exists for providers of publicly available electronic communications services as defined in the Electronic Communications and Postal Services Regulation of 2004 (see Article 98A of Law 112 (I) / 2004).

What are the benefits of the notification?

The new notification requirement has a number of benefits.

When notifying the Commissioner, controllers can obtain advice on whether the affected individuals need to be informed. Indeed, the Commissioner may order the controller to inform those individuals about the breach.

Communicating a breach to individuals allows the controller to provide information on the risks presented as a result of the breach and the steps those individuals can take to protect themselves from its potential consequences. The focus of any breach response plan should be on protecting individuals and their personal data.

Consequently, breach notification should be seen as a tool enhancing compliance in relation to the protection of personal data.

At the same time, it should be noted that failure to report a breach to either an individual or to the Commissioner may mean that under Article 83 of the GDPR, a possible sanction is applicable to the controller and it may also constitute an offence according to the provisions of article 33 of the Law 125(I)/2018.

Guidelines

The EDPB issued
guidelines to better implement the provisions of the GDPR in this area. The guidelines explain when the notification of the breach is mandatory, the requirements of the GDPR regarding the notification of the data breach and which measures should be taken by controllers and processors in order to meet these new obligations. The guidelines also give examples of different types of breaches and examples of scenarios for who needs to be informed in each case.

How to notify a breach to the Commissioner?

In order to notify a data breaches to the Commissioner, in compliance with the relevant obligation under article 33 of the GDPR, the controller should fill in the following reporting form (see below).

The form can be submitted in Greek or in English in cases where the breach concerns cross-border cases.

For easy reference and guidance, each field in the reporting Form has been numbered and explained. If you are not sure about any of the questions within the form, or if have any concerns about how to manage the breach you may consult the relevant guidelines or call the Office of the Commissioner +357 22 818 456.

The form should be submitted electronically to the following email address: commissionerdataprotection.gov.cy





Κατεβάστε το αρχείο τύπου Acrobat Guidelines on data breach notification ENG.pdf

Κατεβάστε το αρχείο τύπου Excel Data breach notification form ENG.xlsx

Κατεβάστε το αρχείο τύπου Excel Έντυπο γνωστοποίησης παραβίασης ελλ.xlsx


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