Article 19 — Notification of Personal Data Breach

1. 1.

   In the case of a personal data breach, the controller shall without undue delay and, where feasible, not later than seventy-two hours after having become aware of it, notify the personal data breach to the supervisory authority, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons. Where the notification to the supervisory authority is not made within seventy-two hours, it shall be accompanied by reasons for the delay.

2. 2.

   The processor shall notify the controller without undue delay after becoming aware of a personal data breach. The processor shall provide the controller with sufficient information to enable the controller to fulfil its obligations under this Article.

3. 3.

   The notification referred to in paragraph 1 shall at least:

   1. describe the nature of the personal data breach, including where possible the categories and approximate number of data subjects concerned and the categories and approximate number of personal data records concerned;
   2. communicate the name and contact details of the data protection officer or other contact point from whom more information can be obtained;
   3. describe the likely consequences of the personal data breach;
   4. describe the measures taken or proposed to be taken by the controller to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects.
4. 4.

   Where, and in so far as, it is not possible to provide the information referred to in paragraph 3 at the same time as the initial notification, the information may be provided in phases without undue further delay.

5. 5.

   The controller shall document any personal data breaches, including the facts relating to the personal data breach, its effects, and the remedial action taken. That documentation shall enable the supervisory authority to verify compliance with this Article.

6. 6.

   Where a controller has engaged a processor and the personal data breach occurs in respect of personal data processed by the processor, the processor shall provide the notification referred to in paragraph 2 through the same secure electronic means by which it ordinarily communicates with the controller, unless the controller has specified an alternative channel for breach notifications.