Czech RepublicGDPR Articles 33-34, Breach Notification
Regulation (EU) 2016/679, Arts. 33-34
In force since .
A breach notification rule binding public and private bodies.
- How the hook was established
- express
- What makes it apply
- Operator establishment, Market targeting, User location, Place of effect
- Audit expectation
- on_request
- Who audits it
- Regulator
- Where the report goes
- Produced on request
What it requires
- Notify UOOU without undue delay, and within 72 hours where feasible, after becoming aware of a personal-data breach affecting a person in the Czech Republic, 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: Úřad pro ochranu osobních údajů (Office for Personal Data Protection, Czech Republic) (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://uoou.gov.cz/profesional/poruseni-zabezpeceni-osobnich-udaju
- Guidance body
- Úřad pro ochranu osobních údajů (Office for Personal Data Protection, Czech Republic)
- Open questions
- May a controller in the Czech Republic postpone or limit the notice to affected persons under Article 34 of Regulation (EU) 2016/679 under Section 12 of Act No. 110/2019 Sb., and which interest in Section 6(2) of that Act justifies it?
What it makes you log
Who may demand the log
Regulator
Logging duty
The controller documents every personal data breach, whether or not it is notified; the text names the facts, the effects and the remedial action but no fixed log fields. Section 12 of Act No. 110/2019 Sb., which lets the notice to the person be limited or postponed and requires notice of that course to the Office, adds no record duty.
- Kind
- Explicit
- As of
- Provision
- Regulation (EU) 2016/679, Art. 33(5)
- Trigger
- security_incident
What this law does
A controller must notify UOOU 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.
Section 12 of Act No. 110/2019 Sb. lets a controller that must notify a breach to the data subject do so in limited scope, or postpone it, where necessary and proportionate to protect an interest listed in Section 6(2), and Section 11(2) applies to the notice of that course of action to the Office by analogy.
When LexLint raises it
When your app profile says your app processes personal data.
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