AustriaGDPR Articles 33-34, Breach Notification in Austria
Regulation (EU) 2016/679, Arts. 33-34
In force since .
A breach notification rule binding public and private bodies.
- Audit expectation
- on_request
- Who audits it
- Regulator
What it requires
- Notify the Datenschutzbehorde without undue delay, and within 72 hours where feasible, after becoming aware of a personal data breach affecting a person in Austria, unless the breach is unlikely to risk their rights and freedoms.
- If you process personal data on behalf of a controller, notify the controller without undue delay after becoming aware of a personal data breach (Article 33(2)).
- Notify affected individuals without undue delay where a breach is likely to result in a high risk to their rights and freedoms.
These lines are LexLint's reading of the law's text. Also read by: Datenschutzbehörde (Austrian Data Protection Authority) (guidance, recorded ).
In the frameworks
- NIST Privacy Framework
- CM.AW-P7Impacted individuals and organizations are notified about a privacy breach or event.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Guidance link
- https://www.dsb.gv.at/eingabe-an-die-dsb/-meldung-data-breach
- Guidance body
- Datenschutzbehörde (Austrian Data Protection Authority)
What it makes you log
Who may demand the log
Regulator
Logging duty
Article 33(5) requires the controller to document every personal data breach, whether or not it is notified, covering the facts, its effects and the remedial action taken. Those three items are outside the closed list of log contents. The notification rules in Articles 33(1) to (4) and 34 are reports, not records.
- Kind
- Explicit
- As of
- Provision
- Article 33(5) (the controller documents every personal data breach)
- Trigger
- security_incident
What this law does
A controller must notify the Datenschutzbehorde without undue delay, and within 72 hours where feasible, after becoming aware of a personal data breach, and must notify affected individuals without undue delay where the breach is likely to result in a high risk to their rights and freedoms.
When LexLint raises it
When your app profile says your app processes personal data.
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