PortugalGDPR Articles 33-34, Breach Notification in Portugal
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 CNPD without undue delay, and within 72 hours where feasible, after becoming aware of a personal data breach affecting a person in Portugal, 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: Comissão Nacional de Proteção de Dados (CNPD) (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.cnpd.pt/organizacoes/outras-obrigacoes/violacao-de-dados-ou-data-breach/
- Guidance body
- Comissão Nacional de Proteção de Dados (CNPD)
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; Article 33(5) names the facts, the effects and the remedial action but no fixed log fields, and says the documentation must let the supervisory authority verify compliance with the Article. Lei 58/2019 adds no record rule of its own; its Article 38(1)(j) and (k) make a failure to notify an administrative offense.
- Kind
- Explicit
- As of
- Provision
- Regulation (EU) 2016/679, Art. 33(5)
- Trigger
- security_incident
What this law does
A controller must notify the CNPD without undue delay, and within 72 hours where feasible, after becoming aware of a personal data breach affecting a person in Portugal, and must notify affected individuals without undue delay where the breach is likely to result in a high risk to their rights and freedoms.
Lei 58/2019 adds no timeline of its own: its Article 38(1)(j) and (k) treat a failure to meet General Data Protection Regulation (GDPR) Article 33, or to inform the person as Article 34 requires, as a serious administrative offense.
When LexLint raises it
When your app profile says your app processes personal data.
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