Applies toEUDE

Personal Data Breach

Breach of the protection of personal data — 72-hour notification duty

TL;DR

A personal data breach (data breach) within the meaning of Art. 4(12) GDPR is a breach of security leading to the destruction, loss or alteration of personal data, or to the unauthorised disclosure of or unauthorised access to such data. Where a risk is likely: notification to the supervisory authority within 72 hours (Art. 33). Where a high risk is likely: the data subjects must also be informed (Art. 34).

What is a personal data breach?

Three categories of personal data breach:

  • Confidentiality: unauthorised access (hacking, phishing, theft)
  • Integrity: unauthorised alteration (manipulated data, ransomware)
  • Availability: loss, destruction (server crash without a backup, destroyed files)

Practical example

Practical examples:

  • Phishing incident with compromised employee credentials → confidentiality
  • Email sent to the wrong recipient containing personal data → confidentiality
  • Ransomware attack with encrypted databases → availability and integrity
  • Loss of an unencrypted laptop → confidentiality

Frequently asked questions

Does the 72-hour deadline also run at night and at weekends?
Yes. The deadline starts on becoming aware of the breach (not from the incident itself). Organisational consequence: the DPO and IT security should be reachable at night and at weekends too — a practice recommendation, not a separate statutory obligation.
What if I only have clarity after 72 hours?
Notify anyway, with the state of knowledge available — Art. 33(4) allows notification in phases.
Do I always have to inform the data subjects?
Only where a high risk is likely (Art. 34). Otherwise notification to the supervisory authority plus internal documentation is sufficient.

See also

Practitioner note: This article is practice-oriented compliance documentation, not legal advice. We are compliance specialists, not a law firm. For legally binding advice, consult an admitted lawyer.