We are a multidisciplinary team specializing in Privacy, organizational models D.Lgs. 231/2001, Whistleblowing, and Security.
By Data Breach, we mean a personal data breach, in other words, “a breach of security, which accidentally or unlawfully results in the unauthorized destruction, loss, modification, disclosure, access, copying or consultation of personal data transmitted, stored or otherwise processed”(Art. 4 EU Regulation 2016/679).
There are many events that can cause a Data Breach, the most common of which include accidental loss of personal data, corporate disloyalty on the part of an employee, unauthorized access to computer systems, or theft, theft, or any other unauthorized or intended event.
Given the dangerous nature of this “data leak,” it is essential that anyone who becomes aware of a possible Data Breach immediately notify the Data Controller, specifying the nature of the data involved and describing the event.
In fact, notice of a Data Breach may come internally, through data processors, or externally through the Data Processor, a Data Subject, or others who learn of the breach.
Upon learning of a data breach, the Data Controller will endeavor to identify the type of breach that has occurred, first making a summary assessment about the damage that has occurred, and estimating the time required to restore the data, as well as assessing whether in fact the personal data breach may present a risk to the rights and freedoms of individuals.
In the latter case, the Holder must notify the Supervisory Authority of the breach within 72 hours of becoming aware of it and, if appropriate, also proceed with the notification of the affected Data Subjects.
If, on the other hand, the analysis carried out does not reveal any risk to the Interested Parties, the Owner will not be obliged to proceed either with the notification to the Authority or with the communication to the Interested Parties.
However, it will be necessary to prove and document the reasons for non-notification and the absence of risks.
In either case, however, the Data Controller must document any personal data breach, including the circumstances surrounding it, its consequences, and the steps taken to remedy it, in a special register that he or she will be responsible for keeping and keeping up-to-date.
Customized and compliant handling of reports, with full support at every stage.
Organizational Models and Supervisory Bodies for the Mitigation of Administrative Liability of Legal Entities.