The Personal Data Breach clause outlines the responsibilities and obligations of parties in the event of a data breach involving personal information. It typically includes requirements for breach notification, mitigation efforts, and cooperation with authorities to ensure compliance with relevant data protection laws.
5. PERSONAL DATA BREACHES 5.1. Processor shall notify Controller without unreasonable delay upon becoming aware of a Personal Data Breach in connection with the processing of Personal Data and shall provide Controller with information to allow Controller to meet any obligations to report a Personal Data Breach under the Applicable Laws. Such notification shall as a minimum: 5.1.1. describe the nature of the Personal Data Breach, the data subjects concerned, and the Personal Data records concerned; 5.1.2. communicate the name and contact details of Processor’s data protection officer or other relevant contact form whom more information may be obtained; 5.1.3. describe the likely consequences of the Personal Data Breach; and 5.1.4. describe the measures taken or proposed to address the Personal Data Breach. 5.2. Processor shall provide all reasonable assistance and shall take all reasonably steps to assist in the investigation, mitigation and remediation of each Personal Data Breach to enable Controller to (i) perform a thorough investigation into the Personal Data Breach, (ii) formulate a correct response; and (iii) to take further steps in respect of the Personal Data Breach in order to meet any requirements under the Applicable Laws.
Personal Data Breach. Vendor must inform Blockstack without undue delay and no later than 48 hours after becoming aware of a Personal Data Breach. Vendor must, either in the initial notice or in subsequent notices as soon as the information becomes available, inform Blockstack of the nature of the Personal Data Breach, the categories and number of Data Subjects, the categories and amount of Personal Data, the likely consequences of the Personal Data Breach, and the measures taken or proposed to be taken to address the Personal Data Breach and mitigate possible adverse effects. If Vendor’s notice or subsequent notices are delayed, they must be accompanied by reasons for the delay. Vendor must document all Personal Data Breaches, including at least the information referred to in this Section, and provide a copy to Blockstack upon request.
Notification of personal data breach In the event of a personal data breach, the processor shall cooperate with and assist the controller for the controller to comply with its obligations under Articles 33 and 34 of Regulation (EU) 2016/679 or under Articles 34 and 35 of Regulation (EU) 2018/1725, where applicable, taking into account the nature of processing and the information available to the processor.
otify Fund without undue delay after becoming aware of a relevant Personal Data Breach and provide reasonable assistance to Fund in its notification of that Personal Data Breach to the relevant supervisory authority and those data subjects affected as set out in Articles 33 (Notification of a personal data breach to the supervisory authority) and 34 (Communication of a personal data breach to the data subject) of GDPR and the equivalent provisions of DPA, in each case taking into account the nature of processing and the information available to SS&C. Upon becoming aware of a Personal Data Breach, Fund is responsible for making notifications related to a Personal Data Breach that Fund is required to make by applicable Law;
Personal Data Breach” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, the Relevant Data transmitted, stored or otherwise processed.
A Personal Data Breach Clause refers to a security incident clause in which there’s an unauthorized or accidental access, disclosure, alteration, loss, or destruction of personal data. This can result in a compromise of the confidentiality, integrity, or availability of personal data. Personal data breaches can happen when data is exposed to unauthorized individuals, applications, or systems and may involve digital data (such as information stored on computers or transmitted over networks) or physical data (such as printed documents).
You should use the term Personal Data Breach Clause when describing incidents involving unauthorized or unintended access to personal data that could potentially harm individuals’ privacy rights and freedoms. This term is often relevant in discussions about data protection, privacy policies, and cybersecurity measures. Entities subject to data protection laws, like the GDPR (General Data Protection Regulation), must use this term to identify instances where they are obligated to report and address breaches of personal data.
When writing about a Personal Data Breach Clause, it is crucial to convey clear and precise information regarding the nature and impact of the breach. Ensure that you cover the following elements:
Description of the Breach: Detail how the breach occurred and the type of personal data involved.
Example: “On August 10, 2023, an unauthorized individual gained access to our database and accessed customer names, email addresses, and contact numbers.”
Impact on Individuals: Explain potential risks or harms to individuals whose data was compromised.
Example: “Affected individuals may experience increased spam emails and phishing attempts.”
Response Measures: Outline the actions taken to contain and mitigate the breach and prevent future occurrences.
Example: “We have implemented enhanced security measures and notified all affected individuals recommending steps to protect their information.”
Notification Details: If applicable, provide information about reporting the breach to relevant authorities and affected individuals.
Contracts that typically contain references to a Personal Data Breach Clause include:
Data Processing Agreements (DPAs): These contracts, often between a data controller and data processor, outline how personal data is managed and protected. They usually include terms on breach notification procedures and timelines.
Service Level Agreements (SLAs): These contracts may cover obligations of service providers to handle personal data with care and detail responses to breaches affecting service deliverables.
Privacy Policies: While not contracts in the traditional sense, they often detail what constitutes a data breach and how such situations will be handled, providing transparency to users or customers.
Vendor Agreements: Contracts with third-party vendors may include clauses on how breaches of personal data handled by the vendor are reported and managed.
These agreements ensure all parties are aware of their responsibilities in the event of a personal data breach and outline the processes for handling such incidents to mitigate risks and ensure compliance with relevant data protection laws.
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