ΕΛΛΗΝΙΚΑ
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 (article 33). Certain exceptions may apply in accordance with article 33 of the GDPR.
For cross-border cases, the data breach should be notified to the lead supervisory authority in accordance with Article 55.
When the data breach is likely to result in a high risk to the rights and freedoms of natural persons, the controller must also 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?
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.
A data breach notification should be seen as a tool enhancing compliance in relation to the protection of personal data.
At the same time, failure to report a breach to the Commissioner may result to a sanction imposed to the controller by the Commissioner, including a fine. 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 processing.
For easy reference and guidance, each field in the reporting Form has been numbered and explained. If you have any concerns about how to manage the report 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: commissioner
dataprotection.gov.cy
Last Update: 26/08/2020
Guidelines on data breach notification ENG.pdf
Data breach notification form GDPR ENG v3.xlsx Έντυπο γνωστοποίησης παραβίασης ελλ v3.xlsx