April 20, 2021

Volume XI, Number 110

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April 20, 2021

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April 19, 2021

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Does inadvertent disclosure of personal data require notification under the GDPR?

Maybe not. The European Data Protection Board (EDPB) issued draft practical guidance on various types of data breaches to assist companies with identifying situations in which a data security incident may need to be reported to EU supervisory authorities (the government regulator for privacy in various EU member countries).

The EDPB addresses a very common scenario involving inadvertent disclosure of personal data to the wrong recipient, generally due to the “autofill” email address feature or attaching the wrong document to an email. The EDPB notes that if the recipient is known to the controller and confirms deletion, and the disclosure does not involve sensitive personal data, notification to the supervisory authority and data subjects is not required. The security incident should be internally documented, as required by Article 34 of the GDPR.

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©2021 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume XI, Number 64
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About this Author

Jena M. Valdetero Cybersecurity Lawyer Greenberg Traurig Law Firm
Shareholder

Jena M. Valdetero serves as Co-Chair of the firm’s U.S. Data, Privacy and Cybersecurity Practice where she advises clients on complex data privacy and security issues. She has led more than 1,000 data breach investigations. A litigator by background, Jena defends companies against privacy and data breach litigation, with an emphasis on class action lawsuits. She has designed and conducted dozens of data breach tabletop exercises to empower clients to respond effectively to a data security incident. She also counsels companies on data privacy and security compliance programs and advises on...

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