SpainGDPR Articles 33-34 and LOPDGDD Articles 73(r)-(s) and 74(m)-(n), Breach Notification
Regulation (EU) 2016/679, Arts. 33-34; LOPDGDD, Art. 73(r)-(s), Art. 74(m)-(n)
In force since , effective .
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 AEPD without undue delay and, where feasible, within 72 hours of becoming aware of a personal-data breach affecting a person in Spain, 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: Agencia Española de Protección de Datos (the Spanish Data Protection Agency) (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.aepd.es/guias/guia-brechas-seguridad.pdf
- Guidance body
- Agencia Española de Protección de Datos (the Spanish Data Protection Agency)
What it makes you log
Who may demand the log
Regulator
Log retention
- As of
- Basis
- Unspecified
- Prohibits retaining
- The personal data that were the subject of the breach must not be copied into the incident record.
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); LOPDGDD, Art. 74(n)
- Trigger
- security_incident
What this law does
A controller must notify the AEPD without undue delay and, where feasible, not later than 72 hours after becoming aware of a personal-data breach, and notify the affected individual without undue delay where the breach is likely to result in a high risk. Under Titulo IX, failing to notify the AEPD of a breach, or failing to inform the affected person when the AEPD has required it, is a serious infraction (Art. 73(r)-(s)). A late, incomplete or defective notification of a breach to the AEPD is a minor infraction (Art. 74(m)).
When LexLint raises it
When your app profile says your app processes personal data.
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