NetherlandsTelecommunicatiewet Article 11.3a, Personal Data Breach Notification by Electronic Communications Providers
Telecommunicatiewet, Art. 11.3a
In force since .
A breach notification rule binding public and private bodies.
- Obligation class
- Breach notice
As of .
What it requires
- If you provide a public electronic communications service, notify the Autoriteit persoonsgegevens without delay of a security breach that adversely affects personal data processed in connection with the service in the European Union (Telecommunicatiewet Article 11.3a, paragraph 1).
- Notify the person whose personal data is concerned without delay where the breach is likely to have adverse effects on their privacy, unless the Autoriteit persoonsgegevens finds that appropriate technical protection measures made the data unintelligible to anyone without a right of access (Article 11.3a, paragraphs 2 and 5).
- Keep an overview of all personal data breaches, with at least the facts and the details that the notification contains (Article 11.3a, paragraph 6).
Who enforces it
Enforcement body
Autoriteit persoonsgegevens (AP), whose designated officials supervise compliance with Telecommunicatiewet Article 11.3a.
What this law does
A provider of a public electronic communications service must notify the Autoriteit persoonsgegevens (AP) without delay of a security breach that adversely affects personal data processed in connection with the service in the European Union. The provider must also notify the person whose data is concerned without delay where the breach is likely to have adverse effects on that person's privacy.
That notice is not required where the AP finds that appropriate technical protection measures make the data unintelligible to anyone without a right of access. The provider must keep an overview of all personal data breaches, with at least the facts and the details given in the notification.
When LexLint raises it
When your app profile says your app provides telecom services.