S.L. 586.8 Art. 30Notification of a personal data breach to the Commissioner. 21

(1) In the case of a personal data breach, the controller shall notify in writing, including in an electronic form, without undue delay and, where feasible, not later than seventy two hours after having become aware of it, the personal data breach to the Commissioner, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons:

Provided that where the notification to the Commissioner is not made within seventy two hours, it shall be accompanied by reasons for the delay.

(2) The processor shall notify in writing, including in an electronic form, the controller without undue delay after becoming aware of a personal data breach:

Provided that where, taking into account the severity of the personal data breach and the possible consequences that may ensue if the controller is not notified immediately, the processor may notify the controller through other means. In such case, the notification in writing, including in an electronic form, shall be made nonetheless.

(3) The notification referred to in sub-regulation (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 mentioned under sub-regulation (3) at the same time, the information may be provided in phases without undue delay.

(5) The controller shall document any personal data breaches referred to in sub-regulation (1), comprising the facts relating to the personal data breach, its effects and the remedial action taken in a way as to enable the Commissioner to verify compliance with this FOR THE PURPOSES OF THE PREVENTION, INVESTIGATION, DETECTION OR PROSECUTION OF CRIMINAL OFFENCES OR THE

EXECUTION OF CRIMINAL PENALTIES regulation.

(6) Where the personal data breach involves personal data that have been transmitted by or to the controller of another Member State, the information referred to in sub-regulation (3), shall be communicated to such controller without undue delay.