Article 33

1. In the case of a personal data breach that is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall without undue delay and, where feasible, not later than 96 hours after having become aware of it, notify the personal data breach viato the single-entrycompetent pointsupervisory establishedauthority. Notifications pursuant to this Article 23ashall ofbe Directive (EU) 2022/2555made to the supervisory authority competent in accordance with Article 55 and Article 56. Where the notification to the supervisory authority of the Member State in which the controller is notestablished madeor withinwhere 96the hours,personal itdata breach has occurred. The use of any Union-level technical reporting tools or single-entry points shall remain voluntary and shall be accompaniedlimited byto reasonspersonal fordata thebreaches delaywith clear cross-border or Union-wide systemic relevance, without prejudice to national notification channels.

1. In the case of a personal data breach that is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall without undue delay and, where feasible, not later than 96 hours after having become aware of it, notify the personal data breach via thetheir national single-entry point established pursuant to Article 23a of Directive (EU) 2022/2555 to the supervisory authority competent in accordance with Article 55 and Article 56. Where the notification to the supervisory authority is not made within 96 hours, it shall be accompanied by reasons for the delay. Controllers shall continue to document non-notified breaches, including the facts relating to the personal data breach, its effects and the remedial action taken.

Justification

The controller documents every personal data breach, including those which are not notified. The documentation comprises the facts relating to the breach, its effects and the remedial action taken, and enables the supervisory authority to verify compliance in the course of an inspection.

1. In the case of a personal data breach that is likely to result in a high risk to the rights and freedoms of natural persons, in which case particular consideration shall be given to the risk to children, the controller shall without undue delay and, where feasible, not later than 9672 hours after having become aware of it, notify the personal data breach via the single-entry point established pursuant to Article 23a of Directive (EU) 2022/2555 to the supervisory authority competent in accordance with Article 55 and Article 56. Where the notification to the supervisory authority is not made within 9672 hours, it shall be accompanied by reasons for the delay.

1. In the case of a personal data breach that is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall without undue delay and, where feasible, not later than 96 hours after having become aware of it, notify the personal data breach via the single-entrynational entry point established pursuant to Article 23a of Directive (EU) 2022/2555 to the supervisory authority competent in accordance with Article 55 and Article 56 of this Regulation. Where the notification to the supervisory authority is not made within 96 hours, it shall be accompanied by reasons for the delay.

1. In the case of a personal data breach that is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall without undue delay and, where feasible, not later than 96 hours after having become aware of it, notify the personal data breach via the single-entrynational entry point established pursuant to Article 23a23b of Directive (EU) 2022/2555 to the supervisory authority competent in accordance with Article 55 and Article 56 of this Regulation. Where the notification to the supervisory authority is not made within 96 hours, it shall be accompanied by reasons for the delay.

1. In the case of a personal data breach that is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall without undue delay and, where feasible, not later than 96 hours after having become aware of it, notify the personal data breach via the single-entrynational entry point established pursuant to Article 23a of Directive (EU) 2022/2555 to the supervisory authority competent in accordance with Article 55 and Article 56 of this Regulation. Where the notification to the supervisory authority is not made within 96 hours, it shall be accompanied by reasons for the delay.

1. In the case of a personal data breach that is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall without undue delay and, where feasible, not later than 96four hoursworking days after having become aware of it, notify the personal data breach via the single-entry point established pursuant to Article 23a of Directive (EU) 2022/2555 to the supervisory authority competent in accordance with Article 55 and Article 56. Where the notification to the supervisory authority is not made within 96four hoursworking days, it shall be accompanied by reasons for the delay. (We do not intend to propose to change the timing which remains exactly the same, but only to express it in working days, therefore starting from Monday in the event that an accident occurs on Saturday or Sunday.)

1. In the case of a personal data breach that is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall without undue delay and, where feasible, not later than 9672 hours after having become aware of it, notify the personal data breach via the single-entry point established pursuant to Article 23a of Directive (EU) 2022/2555 to the supervisory authority competent in accordance with Article 55 and Article 56 of this Regulation. Where the notification to the supervisory authority is not made within 9672 hours, it shall be accompanied by reasons for the delay.

1. In the case of a personal data breach that is likely to result in aan highincreased risk to the rights and freedoms of natural persons, the controller shall without undue delay and, where feasible, not later than 96 hours after having become aware of it, notify the personal data breach via the single-entry point established pursuant to Article 23a of Directive (EU) 2022/2555 to the supervisory authority competent in accordance with Article 55 and Article 56. Where the notification to the supervisory authority is not made within 96 hours, it shall be accompanied by reasons for the delay.

Justification

The threshold for the obligation to notify the supervisory authority should be lower that the threshold to communicate a personal data breach to the data subject, since controllers generally are incentivised to avoid the communication of a personal data breach to the affected data subject. This tendency to avoid such communication could influence the respective assessment by the controller. While it makes sense to increase the threshold and avoid that supervisory authorities are swamped with personal data breach notifications regarding every incident, it is important that the supervisory authority is informed about the more severe incidents and can also re-asses the controllers risk assessment. In such cases, the supervisory authority could require the controller to communicate the personal data breach to the affected data subjects even if the controller’s initial assessment result in no high risk. This process is stipulated in Article 33(4) GDPR which would basically lose its purpose in case the threshold of Article 33 (notification of a personal data breach to the supervisory authority) would be increased to the threshold of Article 34 GDPR (communication of a personal data breach to the data subjects).

1. In the case of a personal data breach that is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall without undue delay and, where feasible, not later than 9672 hours after having become aware of it, notify the personal data breach via the single-entry point established pursuant to Article 23a of Directive (EU) 2022/2555 to the supervisory authority competent in accordance with Article 55 and Article 56. Where the notification to the supervisory authority is not made within 9672 hours, it shall be accompanied by reasons for the delay.

1. In the case of a personal data breach that is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall without undue delay and, where feasible, not later than 9672 hours after having become aware of it, notify the personal data breach via the single-entry point established pursuant to Article 23a of Directive (EU) 2022/2555 to the supervisory authority competent in accordance with Article 55 and Article 56. Where the notification to the supervisory authority is not made within 9672 hours, it shall be accompanied by reasons for the delay.

Justification

NIS2, where the single-entry point is established, also only has 72 hours. One aim of simplification is to have harmonised rules.

1. In the case of a personal data breach that is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall without undue delay and, where feasible, not later than 9672 hours after having become aware of it, notify the personal data breach via the single-entry point established pursuant to Article 23a of Directive (EU) 2022/2555 to the supervisory authority competent in accordance with Article 55 and Article 56. Where the notification to the supervisory authority is not made within 9672 hours, it shall be accompanied by reasons for the delay.

1. In the case of a personal data breach that is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall without undue delay and, where feasible, not later than 9672 hours after having become aware of it, notify the personal data breach via the single-entry point established pursuant to Article 23a of Directive (EU) 2022/2555 to the supervisory authority competent in accordance with Article 55 and Article 56. Where the notification to the supervisory authority is not made within 9672 hours, it shall be accompanied by reasons for the delay.

(b) the following paragraph is added: 1a. Until the establishment of the single-entry point pursuant to Article 23a of Directive (EU) 2022/2555, controllers shall continue to notify personal data breaches directly to the competent supervisory authority in accordance with Article 55 and Article 56.’

1a. Until the establishment of the single-entry point pursuant to Article 23a of Directive (EU) 2022/2555, controllers shall continue to notify personal data breaches directly to the competent supervisory authority in accordance with Article 55 and Article 56.

6. The Board shall prepare and transmit to the Commission a proposal for a common template for notifying a personal data breach to the competent supervisory authority referred to in paragraph 1 as well as for a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person. The common template shall include fields enabling the controller to describe any privacy-enhancing measures relevant to the breach, including encryption, pseudonymisation, federated or local processing, confidential computing, access controls, logging, and measures taken to prevent model memorisation, regurgitation, or unauthorised disclosure. The proposals shall be submitted to the Commission within [OP date = nine months of the entry into application of this Regulation]. The Commission after due consideration reviews it, as necessary, and is empowered to adopt it by way of an implementing act in accordance with the examination procedure set out in Article 93(2). Where the Commission departs from the proposal submitted by the Board, it shall state the reasons for doing so. Those reasons shall be made publicly available together with the implementing act.

6. The Board shall prepareestablish and transmitmake to the Commission a proposal for apublic common template for notifying a personal data breach to the competent supervisory authority referred to in paragraph 1 as well as for a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person and a list of the circumstances in which it is not likely to result in such a high risk.. The proposalstemplate and lists shall be submittedavailable to the Commission within [OP date = nine months of the entry into application of this Regulation]. The Commission after due consideration reviews it, as necessary, and is empowered to adopt it by way of an implementing act in accordance with the examination procedure set out in Article 93(2). 7. The template and the list referred to in paragraph 6 shall be reviewed at least every three years and updated where necessary. The Board shall submit its assessment and possible proposals for updates to the Commission in due time. The Commission after due consideration of the proposals reviews them and is empowered to adopt any updates following the procedure in paragraph 6.’

6. 6. The Board shall prepareestablish and transmitmake to the Commission a proposal for apublic common template for notifying a personal data breach to the competent supervisory authority referred to in paragraph 1 as well as for a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person. The proposalstemplate and the list shall be submitted to the Commission withinavailable [OP date = nine months of the entry into application of this Regulation]. The Commission after due consideration reviews it, as necessary, and is empowered to adopt it by way of an implementing act in accordance with the examination procedure set out in Article 93(2).

6. The Board shall prepare and transmit to the Commission a proposal for a common template for notifying a personal data breach to the competent supervisory authority referred to in paragraph 1 as well as for a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person. The proposals shall be submitted to the Commission within [OP date = nine months of the entry into application of this Regulation]. The Commission after due consideration reviews it, as necessary, and is empowered to adopt it by way of an implementing act in accordance with the examination procedure set out in Article 93(2). This shall not go beyond existing obligations under this Regulation or mandate any retroactive obligations.

6. TheBy …[PO please insert date: nine months from the entry into application of this amending Regulation] the Board shall prepareestablish and transmitmake to the Commission a proposal forpublic a common template for notifying a personal data breach to the competent supervisory authority referred to in paragraph 1 as well as for a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person. The proposals shall be submitted to the Commission within [OP date = nine months of the entry into application of this Regulation]. The Commission after due consideration reviews it, as necessary, and is empowered to adoptdecide itthat the template and the list have general validity within the Union by way of an implementing act in accordance with the examination procedure set out in Article 93(2).

Justification

modeled after Article 40(9) GDPR on the Codes of Conduct

6. The Board shall prepareestablish and transmitmake to the Commission a proposal forpublic a common template for notifying a personal data breach to the competent supervisory authority referred to in paragraph 1 as well as for a list of the circumstances in which a personal data breach is not likely to result in a high risk to the rights and freedoms of a natural person under paragraph 1. The proposalstemplate and list shall be submitted to the Commissionpublished within [OP date = nine months of the entry into application of this Regulation]. The Commission aftermay dueadopt considerationthe reviews it,template as necessary,established andby isthe empowered to adopt itBoard by way of an implementing act in accordance with the examination procedure set out in Article 93(2).

7. The template and the list referred to in paragraph 6 shall be reviewed by the Board at least every three years and updated where necessary. The Board shall submit its assessment and possible proposals for updates to the Commission in due time. The Commission after due consideration of the proposals reviews them and is empowered to adopt any updates following the procedure in paragraph 6.

7. The template and the list referred to in paragraph 6 shall be reviewed at least every three years and updated where necessary. The Board shall submit its assessment and possible proposals for updates to the Commission in due time. The Commission after due consideration of the proposals reviews them and is empowered to adopt any updates following the procedure in paragraph 6. Where the Commission departs from the Board’s proposals for updates, it shall state the reasons for doing so, and those reasons shall be made publicly available together with the adopted updates.

7. The template and the list referred to in paragraph 6 shall be reviewed at least every three years and updated where necessary. The Board shall submit its assessment and possible proposals for updates to the Commission in due time.The Board shall publish, where necessary, any updates of the template and the list in due time. The Commission after due consideration of the proposals reviews them and is empowered to adopt any updates following the procedure in paragraph 6.The Commission is empowered to decide that the updated template and list have general validity within the Union following the procedure in paragraph 6.

Justification

modeled after Article 40(9) GDPR on Codes of Conduct

7a. In Article 33, the following paragraph 7a is inserted: