It has been
observed that EU has implemented a new law under General Data Protection
Regulation (GDPR), so that all individuals and companies working in EU are bale
to remain safe and protected. It is one of the most critical data privacy
regulation developed in recent times. GDPR was implemented in May, 2018 and
companies have to comply with rules and guidelines provided by GDPR . According
to article 33 described in GDPR, it is said that if companies come to know that
data has been attacked and breached by attackers, then it is their legal
responsibility that they should not delay this information by hiding it from
authorities, rather they should report it as soon as possible. It is said in
the article that a company is obligated to report data breach within 72 hours.
If data breach is not concerned with freedom as well as rights of natural
persons, then companies have no responsibility to notify such data breach.
Moreover, if they have delayed to notify the authorities other than 72 hours,
then they must explain the reasons for this delay
It has been clearly mentioned that
data breach should be reported as early as possible, and as per GDPR rules, it
should not exceed the limit of 72 hours. If any delay was made, and it was
genuine with some considerable reasons, then these reasons can be shared with
GDPR authorities. However, if a company is found guilty of delay in reporting
data breach without any considerable reasons, then GDPR imposes heavy kind of
fines on the company. However to impose penalty and fines, each case will be
analyze individually. It has been revealed that if severe kind of data breach
has happened, then fine amount can reach up to the level of €20m. But if cases
are less severe and have not made any significant impact, then amount of
penalty can be around €10m. It means that it is crucial for companies to follow
the rules and guidelines provided by GDPR, otherwise they must be ready for the
strict actions against them