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Security Breach Notification Policy

Security Breach Notification Policy Template for Austria

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Key Requirements PROMPT example:

Security Breach Notification Policy

"I need a Security Breach Notification Policy for our Austrian-based financial services company that includes specific requirements for banking sector compliance, cross-border data transfers, and integration with our existing cyber insurance policy, to be implemented by March 2025."

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Document background
This Security Breach Notification Policy is essential for organizations operating in Austria that process personal data, serving as a crucial compliance and operational document. It is designed to ensure adherence to the strict notification requirements under both the EU General Data Protection Regulation (GDPR) and Austrian Data Protection Act (DSG), including the mandatory 72-hour notification period to supervisory authorities. The policy provides comprehensive guidance on breach identification, assessment, documentation, and notification procedures, incorporating requirements from various Austrian regulations including the Telecommunications Act (TKG 2021) and NIS Act where applicable. Organizations should implement this policy as part of their data protection framework to ensure consistent and compliant handling of security breaches while minimizing legal and reputational risks.
Suggested Sections

1. Purpose and Scope: Defines the objective of the policy and its applicability within the organization

2. Definitions: Clear definitions of key terms including 'personal data breach', 'data controller', 'data processor', and security incident classifications

3. Legal Framework: Overview of relevant legislation including GDPR, DSG, and other applicable Austrian laws

4. Roles and Responsibilities: Defines key stakeholders and their responsibilities in breach detection, response, and notification

5. Breach Detection and Initial Assessment: Procedures for identifying and initially assessing potential security breaches

6. Risk Assessment Procedures: Methodology for evaluating the severity and potential impact of a breach

7. Notification Requirements: Detailed procedures for notifying authorities (within 72 hours), affected individuals, and other stakeholders

8. Documentation Requirements: Procedures for recording breaches, actions taken, and maintaining the breach register

9. Response and Mitigation: Steps to contain breaches and prevent further data loss

10. Review and Improvement: Processes for post-incident analysis and policy updates

Optional Sections

1. Industry-Specific Requirements: Additional requirements for specific sectors (e.g., financial services, healthcare) - include if organization operates in regulated industries

2. Cross-Border Considerations: Additional procedures for breaches affecting individuals in multiple jurisdictions - include if operating internationally

3. Media Communication Protocol: Procedures for handling media inquiries and public communications - include for larger organizations or those with high public visibility

4. Insurance Notification: Procedures for notifying and working with cyber insurance providers - include if organization has cyber insurance

5. Third-Party Processor Management: Specific procedures for managing breaches involving data processors - include if organization uses external data processors

Suggested Schedules

1. Breach Response Flowchart: Visual representation of the breach response process

2. Contact List: Key contacts including response team members, authorities, and external service providers

3. Breach Assessment Form: Template for documenting initial breach assessment and risk evaluation

4. Authority Notification Templates: Pre-approved templates for notifying the Austrian Data Protection Authority

5. Data Subject Notification Templates: Pre-approved templates for notifying affected individuals

6. Breach Register Template: Template for maintaining records of all breaches as required by GDPR Article 33(5)

7. Security Incident Classification Matrix: Guidelines for categorizing different types of security incidents and their severity levels

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Personal Data
Special Categories of Personal Data
Data Subject
Data Controller
Data Processor
Personal Data Breach
Security Incident
Data Protection Authority
Supervisory Authority
Data Protection Officer
Response Team
Breach Register
Security Breach
Confidentiality Breach
Integrity Breach
Availability Breach
High Risk to Rights and Freedoms
Cross-Border Processing
Notification
Data Protection Impact Assessment
Risk Assessment
Technical Measures
Organizational Measures
Processing
Pseudonymization
Encryption
Data Minimization
Record of Processing Activities
Third Party
Recipient
Affected Individual
Business Continuity Plan
Incident Response Plan
Root Cause Analysis
Material Breach
Non-Material Breach
Data Protection Laws
Appropriate Technical and Organizational Measures
Data Protection by Design and Default
Clauses
Purpose
Scope
Definitions
Legal Framework
Roles and Responsibilities
Breach Classification
Risk Assessment
Notification Requirements
Documentation
Response Procedures
Communication Protocols
Data Subject Rights
Regulatory Compliance
Training Requirements
Confidentiality
Record Keeping
Enforcement
Review and Audit
Amendment Procedures
Incident Response
Timeline Requirements
Reporting Obligations
Evidence Preservation
Third Party Management
Insurance and Liability
Business Continuity
Cross-Border Considerations
Authority Cooperation
Relevant Industries

Financial Services

Healthcare

Technology

Retail

Education

Professional Services

Telecommunications

Manufacturing

Public Sector

Energy

Insurance

E-commerce

Transportation and Logistics

Media and Entertainment

Relevant Teams

Information Security

Legal

Compliance

IT Operations

Risk Management

Data Protection

Corporate Communications

Human Resources

Executive Leadership

Security Operations Center

Privacy

Internal Audit

Customer Service

Relevant Roles

Chief Information Security Officer

Data Protection Officer

Chief Privacy Officer

IT Security Manager

Compliance Officer

Risk Manager

Legal Counsel

Information Security Analyst

Privacy Manager

IT Director

Chief Technology Officer

Chief Information Officer

Security Operations Manager

Incident Response Manager

Data Protection Specialist

Corporate Communications Director

HR Director

Industries
General Data Protection Regulation (GDPR): EU-wide regulation that sets requirements for data breach notification, including the 72-hour notification requirement to supervisory authorities and notification to affected individuals when high risk exists
Austrian Data Protection Act (Datenschutzgesetz - DSG): National law implementing and supplementing GDPR in Austria, including specific provisions for data breach handling and notification requirements
Telecommunications Act (Telekommunikationsgesetz 2021 - TKG 2021): Requires electronic communication service providers to notify both the authority and affected subscribers/users about security breaches
NIS Act (Network and Information System Security Act): Implements the EU NIS Directive in Austria, requiring operators of essential services and digital service providers to notify security incidents
Austrian Criminal Code (Strafgesetzbuch - StGB): Contains provisions regarding cybercrime and unauthorized data access that may need to be referenced in breach notification procedures
Banking Act (Bankwesengesetz - BWG): Specific requirements for financial institutions regarding security incidents and data breaches
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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