Article 35 data breach infringements Infringements and data breaches NIS 2 Directive data breach Personal data breach penalties

NIS 2 Directive Article 35 – Infringements Entailing a Personal Data Breach

Aug 2, 2024by adam tang

In the digital age, where the protection of personal data is of paramount importance, regulatory frameworks such as the NIS 2 Directive play a crucial role in safeguarding individuals' sensitive information. Article 35 of the NIS 2 Directive addresses infringements that can lead to personal data breaches, outlining the necessary steps that competent authorities must take when such situations arise.

NIS 2 Directive Article 35 – Infringements Entailing a Personal Data Breach
  • Importance of Compliance With NIS 2 Directive: The NIS 2 Directive sets out obligations for essential or important entities to ensure the security and confidentiality of network and information systems, particularly concerning personal data. Articles 21 and 23 of the Directive establish requirements that these entities must follow to prevent breaches and protect individuals' data.
  • Identification of Infringements: When competent authorities identify infringements by essential or important entities that could result in a personal data breach, they are required to take immediate action. Understanding the definition of a personal data breach, as outlined in Article 4, point (12) of Regulation (EU) 2016/679, is crucial in determining the severity of the situation.
  • Notification to Supervisory Authorities: In the event of a potential personal data breach, competent authorities must promptly inform the supervisory authorities specified in Article 55 or 56 of Regulation (EU) 2016/679. This notification is vital for ensuring that the appropriate measures are taken to mitigate the breach and protect the affected individuals' data.
  • Administrative Fines and Enforcement Measures: If supervisory authorities impose an administrative fine under Article 58(2), point (i) of Regulation (EU) 2016/679, competent authorities are restricted from issuing additional fines under Article 34 of the NIS 2 Directive for the same conduct. However, enforcement measures outlined in Article 32(4) and Article 33(4) may still be imposed as appropriate.
  • Cross-Border Cooperation: In cases where the supervisory authority responsible under Regulation (EU) 2016/679 is located in a different EU Member State from the competent authority, communication between authorities becomes essential. The competent authority must inform the supervisory authority in its own Member State to ensure effective coordination and response to the breach.

Conclusion

NIS 2 Directive Article 35 serves as a critical component in the protection of personal data within the EU, especially in the context of potential breaches by essential or important entities. By adhering to the provisions outlined in this Directive, competent authorities can work collaboratively with supervisory authorities to address infringements and mitigate the impact of personal data breaches effectively. Compliance with these regulations is essential for upholding data protection standards and maintaining trust in digital services among individuals and organizations.
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