Updated Guidance on Handling Data Breaches by the Danish Data Protection Authority
On the 4th of July 2024, the Danish Data Protection Agency (DPA) has released significant updates to the guidelines on handling personal data breaches, specifically tailored for entities reporting to the DPA. This comprehensive guide underscores the evolving landscape of data protection under the General Data Protection Regulation (GDPR) and emphasizes the critical responsibilities of data controllers. Here’s a detailed breakdown of the updated guidance that every data controller should know.
Understanding Personal Data Breaches
A personal data breach is defined as a security incident that leads to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to personal data. This expanded definition clarifies that breaches can occur even without data being extracted; for instance, unauthorized access or accidental modifications fall under this scope. Recognizing a breach promptly is vital for timely response and mitigation.
Notification Requirements to the DPA
The updated guide elaborates on the criteria and process for notifying the Danish DPA about data breaches:
Timing: Notifications must be made within 72 hours of becoming aware of the breach unless it is unlikely to result in a risk to the rights and freedoms of natural persons.
Content: Notifications should describe the nature of the breach, categories and approximate number of data subjects affected, the likely consequences, and the measures taken or proposed to address the breach.
Exceptions: If the breach does not pose a risk to the rights of individuals, notification may not be necessary. However, all breaches, regardless of their nature, must be documented internally.
Data Subject Notification
When a breach is likely to result in a high risk to the rights and freedoms of individuals, data controllers are required to notify the affected data subjects without undue delay. This communication must:
Be in clear and understandable language.
Include information about the nature of the breach, possible consequences, and measures taken to mitigate these effects.
Be conducted directly to the individuals affected, not through passive means like press releases or general notices.
Cross-Border Breaches
For organizations operating across multiple EU states, the guidelines clarify procedures for breaches affecting data subjects in more than one member state:
The lead supervisory authority must be notified, depending on where the main establishment of the data controller is located.
The guide encourages preemptive identification of the lead supervisory authority to streamline compliance in the event of a breach.
Accountability and Internal Documentation
The GDPR's principle of accountability is emphasized heavily in the updated guidelines. Data controllers must document all breaches comprehensively, including the details of the breach, its effects, and the remedial actions taken. This documentation aids the DPA in assessing compliance and can also serve as a defense or explanation in cases where notifications are delayed or not made.
Implementation in the Organization
The guide stresses the importance of establishing robust internal processes to quickly and effectively address data breaches. This includes defining roles and responsibilities within the organization, setting up prompt communication protocols, and ensuring that all staff are aware of their roles in the case of a data breach.
Proactive Measures and Compliance
Finally, the updated guidelines encourage organizations to adopt proactive measures to prevent breaches and ensure quick responses when they occur. This includes regular reviews of security policies, conducting risk assessments, and training employees on data protection best practices.
Why is the Guidance relevant in a global context?
The updated guidance align with existing data protection laws and regulations, providing organizations with a clear framework for compliance. By following these guidelines, organizations can ensure that they meet their legal obligations and protect the personal data of individuals. Even though these guidelines are issued by the Danish authority, they help organizations create a global strategy to address breaches in all EU/EEA countries as they are aligned with GDPR obligations.
Legal compliance is not only about avoiding penalties but also about demonstrating a commitment to data protection. Organizations that adhere to these guidelines show that they prioritize the privacy and security of personal data, which can enhance their reputation and credibility.
Consultancy and Resources
Acknowledging the potential difficulties that non-Danish speakers may encounter in understanding these comprehensive guidelines, I have translated the updated guidance into English. To access these translations, please submit your request via our contact form available here.
At RD Privacy, we are committed to assisting organizations in navigating the intricate landscape of GDPR compliance. We offer both the necessary resources and expert consultancy to ensure your data is secured effectively and your compliance measures are up to standard. To discover more about how we can help protect your data and optimize your compliance processes, please visit our website or get in touch with our team today. Your security is our top priority.
Warm regards,
Diana
