§ 65 BDSG
Notification of a personal data breach to the Federal Commissioner
(1)Where a personal data breach has occurred, 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 Federal Commissioner, 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 Federal Commissioner 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 Subsection (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 and; 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)Where, and in so far as, it is not possible to provide the information at the same time as the notification under Subsection (1), the information may be provided in phases without undue further delay.
(5)The controller shall document any personal data breach referred to in Subsection (1), comprising the facts relating to the personal data breach, its effects and the remedial action taken. That documentation shall enable the Federal Commissioner to verify compliance with the provisions of this Section.
(6)Where the personal data breach concerns personal data that have been transmitted by or to the controller of another Member State, the information referred to in Subsection (3) shall be communicated to the controller of that Member State without undue delay.
(7)Section 42 Subsection (4) shall apply to a notification under Subsection (1) accordingly.
(8)Other obligations of the controller to notify of or report breaches shall remain unaffected.