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Commission Regulation (EU) No 611/2013Show full title
Commission Regulation (EU) No 611/2013 of 24 June 2013 on the measures applicable to the notification of personal data breaches under Directive 2002/58/EC of the European Parliament and of the Council on privacy and electronic communications
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Article 2U.K.Notification to the [F1Information Commissioner]
1.The provider shall notify all personal data breaches to the [F2Information Commissioner].
2.The provider shall notify the personal data breach to the [F3Information Commissioner] [F4without undue delay and, where feasible, not later than 72 hours after having become aware of it].
The provider shall [F5, subject to paragraph 3,] include in its notification to the [F3Information Commissioner] the information set out in Annex I.
Detection of a personal data breach shall be deemed to have taken place when the provider has acquired sufficient awareness that a security incident has occurred that led to personal data being compromised, in order to make a meaningful notification as required under this Regulation.
[F6This paragraph is to be interpreted in accordance with Article 3 of Regulation (EEC, Euratom) No. 1182/71 of the Council of 3 June 1971 determining the rules applicable to periods, dates and time limits.]
[F73.To the extent that the information set out in Annex 1 is not available to be included in the notification, it may be provided in phases without undue further delay.]
4.The [F8Information Commissioner] shall provide to all providers established in the [F9United Kingdom] a secure electronic means for notification of personal data breaches and information on the procedures for its access and use. F10...
F115.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in Art. 2 heading substituted (31.12.2020) by The Electronic Communications (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/919), regs. 1(2), 4(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 2(1) substituted (31.12.2020) by The Electronic Communications (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/919), regs. 1(2), 4(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 2(2) substituted (31.12.2020) by The Electronic Communications (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/919), regs. 1(2), 4(2)(c); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 2(2) substituted (20.8.2025) by Data (Use and Access) Act 2025 (c. 18), ss. 111(3)(a)(i), 142(1); S.I. 2025/904, reg. 2(p)
F5Words in Art. 2(2) inserted (20.8.2025) by Data (Use and Access) Act 2025 (c. 18), ss. 111(3)(a)(ii), 142(1); S.I. 2025/904, reg. 2(p)
F6Words in Art. 2(2) inserted (20.8.2025) by Data (Use and Access) Act 2025 (c. 18), ss. 111(3)(a)(iii), 142(1); S.I. 2025/904, reg. 2(p)
F7Art. 2(3) substituted (20.8.2025) by Data (Use and Access) Act 2025 (c. 18), ss. 111(3)(b), 142(1); S.I. 2025/904, reg. 2(p)
F8Words in Art. 2(4) substituted (31.12.2020) by The Electronic Communications (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/919), regs. 1(2), 4(2)(e)(i); 2020 c. 1, Sch. 5 para. 1(1)
F9Words in Art. 2(4) substituted (31.12.2020) by The Electronic Communications (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/919), regs. 1(2), 4(2)(e)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F10Words in Art. 2(4) omitted (31.12.2020) by virtue of The Electronic Communications (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/919), regs. 1(2), 4(2)(e)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F11Art. 2(5) omitted (31.12.2020) by virtue of The Electronic Communications (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/919), regs. 1(2), 4(2)(f); 2020 c. 1, Sch. 5 para. 1(1)
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