Objective: The objective of processing data protection incidents is to ensure that possible damage to the data subjects is limited and that a recurrence is prevented. In addition, the legally required documentation and, if necessary, timely reporting to the supervisory authority must be ensured.
Requirements (must): Data protection incidents (e.g. unauthorized access to personal data) are processed in a timely manner.
The requirements from 1.6 of the information security questionnaire also take into account data protection incidents or, alternatively, there is an emergency plan for dealing with data protection incidents.
In addition, procedures are established and documented to ensure the following aspects:
- immediate notification to the respective responsible person, as far as his order is affected
- Documentation of the incident handling activities
- Training of employees on the defined measures/processes
- Support of the respective controller in the processing of data protection incidents
The organization must document all personal data breaches and their consequences and the corrective actions taken, regardless of the action ultimately resulting from the breach.
Failure to comply with the documentation obligation or notification is contrary to GDPR and may lead to sanctions defined on the regulation.
A personal data breach must be reported to the supervisory authority if the breach may pose a risk to data subjects rights and freedoms. Data subjects, on the other hand, must be informed if the breach is likely to pose a high risk to their rights and freedoms. For example, registrants may take steps to reduce the adverse effect (e.g. by closing their credit card).
The notification must include the following information:
The organization shall define the procedures for reporting security breaches in the supply chain. The process must take into account all kinds of roles in the supply chain, whether we are the customer of the end product or one supplier in the chain.
Policies shall take into account agreements with partners and customers and their commitments regarding the reporting obligations of both parties.
The controller must assess the risk of the personal data breach to the data subjects. The assessment must take into account, for example, the following:
The risk assessment affects the urgency and scope of reporting a breach.
Our organization has pre-defined procedures through which the detected security breach will be addressed. The process may include e.g. the following things:
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