L 119/52
EN
Official Journal of the European Union
4.5.2016
(b) the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and
services;
(c) the ability to restore the availability and access to personal data in a timely manner in the event of a physical or
technical incident;
(d) a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for
ensuring the security of the processing.
2.
In assessing the appropriate level of security account shall be taken in particular of the risks that are presented by
processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to
personal data transmitted, stored or otherwise processed.
3.
Adherence to an approved code of conduct as referred to in Article 40 or an approved certification mechanism as
referred to in Article 42 may be used as an element by which to demonstrate compliance with the requirements set out
in paragraph 1 of this Article.
4.
The controller and processor shall take steps to ensure that any natural person acting under the authority of the
controller or the processor who has access to personal data does not process them except on instructions from the
controller, unless he or she is required to do so by Union or Member State law.
Article 33
Notification of a personal data breach to the supervisory authority
1.
In the case of a personal data breach, the controller shall without undue delay and, where feasible, not later than
72 hours after having become aware of it, notify the personal data breach to the supervisory authority competent in
accordance with Article 55, 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 72 hours, it shall be
accompanied by reasons for the delay.
2.
The processor shall notify the controller without undue delay after becoming aware of a personal data breach.
3.
The notification referred to in paragraph 1 shall at least:
(a) 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;
(b) communicate the name and contact details of the data protection officer or other contact point where more
information can be obtained;
(c) describe the likely consequences of the personal data breach;
(d) 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.
Where, and in so far as, it is not possible to provide the information at the same time, the information may be
provided in phases without undue further delay.
5.
The controller shall document any personal data breaches, comprising 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.
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.