Article 33 – Notification of a personal data breach to the supervisory authority

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 national entry point established pursuant to Article 23b 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.

Until the establishment of the national entry point pursuant to Article 23b 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 of this Regulation.

The Board shall establish and make public a common template for notifying a personal data breach to the competent supervisory authority referred to in paragraph 1 as well as 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 template and lists shall be available within [OP date = nine months of the entry into application of this Regulation]. The Commission may adopt the template as established by the Board by way of an implementing act, in accordance with the examination procedure set out in Article 93(2).

The template and lists referred to in paragraph 6 shall be reviewed by the Board at least every three years and updated where necessary. Where the the Commission has adopted the previous version of the template by way of an implementing act, itshall adopt any updates of the template by way of an implementing act following the procedure referred to in paragraph 6.