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Security Breach Notification Policy

Security Breach Notification Policy Template for Belgium

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Key Requirements PROMPT example:

Security Breach Notification Policy

"I need a Security Breach Notification Policy for our Belgian financial services company that's compliant with both GDPR and Belgian financial sector regulations, with specific procedures for cross-border incidents and integration with our existing incident management system to be implemented by March 2025."

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Document background
This Security Breach Notification Policy is essential for organizations operating in Belgium to ensure compliance with both EU GDPR and Belgian data protection laws. The policy should be implemented by any organization processing personal data or operating critical information systems in Belgium. It provides structured procedures for breach notification, taking into account the strict 72-hour notification requirement under GDPR, specific Belgian regulatory requirements, and the need to notify the Belgian Data Protection Authority. The document becomes particularly crucial as organizations face increasing cyber threats and regulatory scrutiny, with significant penalties for non-compliance under both EU and Belgian law. This policy should be regularly reviewed and updated to reflect changes in legal requirements and emerging security threats.
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 'security breach', 'personal data breach', 'incident', and other relevant terminology aligned with GDPR and Belgian law

3. Legal Framework: Overview of applicable laws and regulations including GDPR, Belgian Data Protection Act, and sector-specific requirements

4. Breach Detection and Initial Assessment: Procedures for identifying and initially evaluating potential security breaches

5. Roles and Responsibilities: Detailed outline of key stakeholders and their responsibilities in the breach notification process

6. Internal Notification Procedure: Step-by-step process for internal escalation and communication of security breaches

7. External Notification Requirements: Procedures for notifying authorities (within 72 hours under GDPR) and affected individuals

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

9. Response and Mitigation: Steps to contain and mitigate the impact of security breaches

10. Review and Improvement: Process for reviewing incidents and updating procedures based on lessons learned

Optional Sections

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

2. Cross-Border Considerations: Additional procedures for breaches affecting multiple jurisdictions - include if organization operates internationally

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

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

5. Third-Party Service Provider Requirements: Specific procedures for breaches involving third-party service providers - include if organization relies heavily on external service providers

Suggested Schedules

1. Appendix A - Breach Assessment Form: Template for initial breach assessment and classification

2. Appendix B - Contact List: List of key contacts including incident response team, authorities, and external service providers

3. Appendix C - Notification Templates: Template notifications for various stakeholders (authorities, affected individuals, media)

4. Appendix D - Breach Register Template: Template for maintaining the mandatory breach register under GDPR

5. Appendix E - Risk Assessment Matrix: Guidelines for assessing breach severity and required actions

6. Appendix F - Technical Response Procedures: Detailed technical procedures for common types of security breaches

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
Data Subject
Processing
Controller
Processor
Security Breach
Personal Data Breach
Data Protection Authority
Supervisory Authority
Critical Infrastructure
Digital Service Provider
Incident Response Team
Response Plan
Breach Register
Data Protection Impact Assessment
Technical Measures
Organizational Measures
Notification Period
Risk Assessment
Impact Assessment
Sensitive Personal Data
Special Categories of Data
Cross-border Processing
Data Protection Officer
Information Security Officer
Incident Classification
Root Cause Analysis
Mitigation Measures
Containment Measures
Affected Parties
Third Party
Service Provider
Business Days
Working Hours
Confidentiality Breach
Integrity Breach
Availability Breach
High Risk to Rights and Freedoms
Material Breach
Non-material Breach
Belgian DPA
Clauses
Purpose and Scope
Definitions
Legal Framework
Incident Detection
Incident Classification
Notification Requirements
Roles and Responsibilities
Documentation Requirements
Response Procedures
Risk Assessment
Internal Communication
External Communication
Regulatory Compliance
Data Subject Rights
Record Keeping
Training and Awareness
Policy Review
Confidentiality
Third Party Obligations
Insurance Requirements
Enforcement
Governance
Technical Requirements
Timeline Requirements
Emergency Procedures
Investigation Procedures
Evidence Preservation
Remediation
Reporting Requirements
Audit Requirements
Relevant Industries

Financial Services

Healthcare

Technology

Telecommunications

Retail

Manufacturing

Professional Services

Education

Public Sector

Energy

Transportation

E-commerce

Insurance

Media and Entertainment

Relevant Teams

Information Security

Legal

Compliance

IT Operations

Risk Management

Privacy Office

Corporate Communications

Human Resources

Internal Audit

Executive Leadership

Operations

Customer Service

Relevant Roles

Chief Information Security Officer

Data Protection Officer

Chief Privacy Officer

Information Security Manager

Compliance Officer

Risk Manager

IT Director

Legal Counsel

Privacy Manager

Security Incident Response Manager

Chief Technology Officer

Chief Legal Officer

Information Governance Manager

IT Security Analyst

Compliance Manager

Operations Manager

Industries
GDPR (General Data Protection Regulation): EU Regulation 2016/679 that sets requirements for personal data breach notifications to supervisory authorities (within 72 hours) and affected individuals. Articles 33 and 34 specifically address breach notification requirements.
Belgian Data Protection Act: Law of 30 July 2018 on the Protection of Natural Persons with regard to the Processing of Personal Data, implementing and supplementing GDPR in Belgian national law.
NIS Law: Belgian Law of 7 April 2019 implementing the EU NIS Directive, requiring operators of essential services and digital service providers to notify security incidents to national authorities.
Belgian Telecom Law: Law of 13 June 2005 on Electronic Communications, requiring telecom operators and ISPs to notify the Belgian Institute for Postal Services and Telecommunications (BIPT) of security breaches.
Belgian DPA Guidelines: Guidelines and recommendations from the Belgian Data Protection Authority regarding breach notification procedures and requirements, including specific forms and procedures for notification.
ePrivacy Directive Implementation: Belgian implementation of Directive 2002/58/EC, relevant for electronic communications service providers regarding privacy and data breach notifications.
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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