Article 33: Notification of a personal data breach to the supervisory authority - GDPR

1. In the case of a personal data breach, 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 supervisory authority competent in accordance with Article 55, 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 supervisory authority 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 paragraph 1 shall at least: (a) 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; (b) communicate the name and contact details of the data protection officer or other contact point where more information can be obtained; (c) describe the likely consequences of the personal data breach; (d) 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 all information at the same time, the information may be provided in phases without undue further delay.

5. The controller shall document any personal data breaches, comprising the facts relating to the personal data breach, its effects and the remedial action taken. That documentation shall enable the supervisory authority to verify compliance with this Article.

Understanding This Article

Article 33 establishes GDPR's breach notification regime, requiring rapid reporting to enable supervisory authorities to assess incidents and coordinate responses. The 72-hour deadline is strict—counting from when the organization "became aware" of the breach, not when investigation completes. Organizations should have incident response plans enabling quick assessment and notification.

Not all breaches require notification. If a breach is unlikely to risk individuals' rights and freedoms (e.g., encrypted data where keys weren't compromised, or data already public), notification isn't required. However, organizations bear the burden of documenting why notification wasn't made—authorities can review and challenge these assessments.

Paragraph 5's documentation requirement is often overlooked but critical. Organizations must maintain breach registers recording all incidents (even those not notified), their effects, and remedial actions. This enables authorities to verify breach notification compliance and assess organizational security maturity. Failure to maintain breach documentation is itself an Article 33 violation.

Key Points

Must notify supervisory authority within 72 hours of becoming aware

Exception if breach unlikely to risk individuals' rights and freedoms

Processors must notify controllers without undue delay

Notification must include breach nature, affected individuals, consequences, remedial measures

Information can be provided in phases if complete details unavailable

Must document all breaches for supervisory authority verification

Understanding This Article

Key Points

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