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RGPD

Article 34

Communication of a personal data breach to the data subject

1.   When the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall communicate the personal data breach to the data subject without undue delay.

2.   The communication to the data subject referred to in paragraph 1 of this Article shall describe in clear and plain language the nature of the personal data breach and contain at least the information and measures referred to in points (b), (c) and (d) of Article 33(3).

3.   The communication to the data subject referred to in paragraph 1 shall not be required if any of the following conditions are met:

(a)

the controller has implemented appropriate technical and organisational protection measures, and those measures were applied to the personal data affected by the personal data breach, in particular those that render the personal data unintelligible to any person who is not authorised to access it, such as encryption;

(b)

the controller has taken subsequent measures which ensure that the high risk to the rights and freedoms of data subjects referred to in paragraph 1 is no longer likely to materialise;

(c)

it would involve disproportionate effort. In such a case, there shall instead be a public communication or similar measure whereby the data subjects are informed in an equally effective manner.

4.   If the controller has not already communicated the personal data breach to the data subject, the supervisory authority, having considered the likelihood of the personal data breach resulting in a high risk, may require it to do so or may decide that any of the conditions referred to in paragraph 3 are met.

Common Questions

Frequently Asked Questions

What does Article 34 of the GDPR cover?
Article 34 of the GDPR covers the obligation for organisations to notify individuals of personal data breaches that are likely to result in a high risk to their rights and freedoms.
When must a data breach be reported to the affected individual?

The obligation to notify a data breach to the data subject arises when the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons.

In such cases, organisations are required to inform the affected individuals as quickly as possible.

When does a personal data breach pose a high risk to individuals' rights and freedoms?
A personal data breach is likely to result in a high risk to the rights and freedoms of natural persons when it could potentially have significant adverse effects on individuals, such as discrimination, identity theft, financial loss, or reputational damage.
What should be included in a data breach notification under Article 34?

A data breach notification under Article 34 of the GDPR should include the information mentioned in Article 33. This includes information such as:

  • A description of the nature of the personal data breach
  • The categories and approximate number of individuals affected
  • The likely consequences of the personal data breach
  • The actions and measures to be taken by the organisation to address the data breach and mitigate its negative effects.
Are there any exceptions to Article 34's notification requirement?

Yes, there are exceptions to the notification requirement. An organisation is not required to notify individuals of a personal data breach if:

  • The organization has implemented appropriate technical and organizational protection measures, such as encryption, that make the personal data unintelligible to unauthorised individuals.
  • The organisation has taken steps to prevent the high risk to individuals’ rights and freedoms.
  • In situations where directly notifying individuals would be excessive, alternative methods can be used to inform them publicly.
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