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GDPR — Table of Contents

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This provision requires controllers to communicate a personal data breach to affected data subjects without undue delay when the breach is likely to result in a high risk to their rights and freedoms. Notification is not required if appropriate protective measures such as encryption were applied, if subsequent measures eliminated the high risk, or if individual notification would involve disproportionate effort.

Art. 34 GDPR

Communication of a personal data breach to the data subject

(1.)When the is likely to result in a high risk to the rights and freedoms of natural persons, the shall communicate the to the data subject without undue delay.
(2.)The communication to the data subject referred to in paragraph 1 of this Article shall describe in clear and plain language the nature of the and contain at least the information and measures referred to in points (b), (c) and (d) of Article 33(3).
(3.)The communication to the data subject referred to in paragraph 1 shall not be required if any of the following conditions are met: (a) the has implemented appropriate technical and organisational protection measures, and those measures were applied to the affected by the , in particular those that render the unintelligible to any person who is not authorised to access it, such as encryption; (b) the has taken subsequent measures which ensure that the high risk to the rights and freedoms of data subjects referred to in paragraph 1 is no longer likely to materialise; (c) it would involve disproportionate effort. In such a case, there shall instead be a public communication or similar measure whereby the data subjects are informed in an equally effective manner.
(4.)If the has not already communicated the to the data subject, the , having considered the likelihood of the resulting in a high risk, may require it to do so or may decide that any of the conditions referred to in paragraph 3 are met.
Source:
EUR-Lex CELEX 02016R0679-20160504
Citation:
OJ L 119, 04.05.2016, p. 1; corrected by OJ L 127, 23.05.2018, p. 2
As of:
2016-05-04
Retrieved:
2026-02-25