GermanyGDPR Articles 33-34, Breach Notification in Germany
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 the competent data protection authority without undue delay, and within 72 hours where feasible, after becoming aware of a personal data breach affecting a person in Germany, 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: Der Hamburgische Beauftragte für Datenschutz und Informationsfreiheit (Hamburg Commissioner for Data Protection and Freedom of Information) (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://datenschutz-hamburg.de/service-information/datenpanne-melden
- Guidance body
- Der Hamburgische Beauftragte für Datenschutz und Informationsfreiheit (Hamburg Commissioner for Data Protection and Freedom of Information)
- Open questions
- Does the bar in Section 43(4) of the Bundesdatenschutzgesetz on using a breach notification in administrative-offence proceedings without the notifier's consent apply to a fine under Article 83 of Regulation (EU) 2016/679?
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.
- Kind
- Explicit
- As of
- Provision
- Regulation (EU) 2016/679, Art. 33(5)
- Trigger
- security_incident
What this law does
A controller must notify the competent supervisory authority 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.
BDSG Section 43(4) allows a notification under Article 33 or a communication under Article 34(1) to be used in administrative-offence proceedings against the person who made it, or that person's relatives, only with that person's consent.
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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