BelgiumGDPR Articles 33-34, Breach Notification
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 GBA/APD without undue delay, and within 72 hours where feasible, after becoming aware of a personal-data breach affecting a person in Belgium, unless the breach is unlikely to risk their rights and freedoms, and notify affected individuals without undue delay where the breach is likely to result in a high risk to them.
- 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)).
These lines are LexLint's reading of the law's text. Also read by: Gegevensbeschermingsautoriteit (Belgian 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.gegevensbeschermingsautoriteit.be/professioneel/acties/gegevensinbreuk
- Guidance body
- Gegevensbeschermingsautoriteit (Belgian 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 GBA/APD without undue delay, and within 72 hours where feasible, after becoming aware of a personal-data breach, unless the breach is unlikely to result in a risk to people's rights and freedoms, and must notify the affected individual without undue delay where the breach is likely to result in a high risk.
A related but distinct power, Act of Article 100, 7, lets the Litigation Chamber order that a data subject be informed of a security problem, a corrective power over an Article 34 failure rather than a separate notification duty.
When LexLint raises it
When your app profile says your app processes personal data.
Back to the example · Lint your app
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