Section 22 - Processing of special categories of personal dataSection 23 - Processing for other purposes by public bodiesSection 24 - Processing for other purposes by private bodiesSection 25 - Transfer of data by public bodiesSection 26 - Data processing for employment-related purposesSection 27 - Data processing for purposes of scientific or historical research and for statistical purposesSection 28 - Data processing for archiving purposes in the public interestSection 29 - Rights of the data subject and powers of the supervisory authorities in the case of secrecy obligationsSection 30 - Consumer loansSection 31 - Protection of commercial transactions in the case of scoring and credit reportsSection 32 - Information to be provided where personal data are collected from the data subjectSection 33 - Information to be provided where personal data have not been obtained from the data subjectSection 34 - Right of access by the data subjectSection 35 - Right to erasureSection 36 - Right to objectSection 37 - Automated individual decision-making, including profilingSection 38 - Data protection officers of private bodiesSection 39 - AccreditationSection 40 - Supervisory authorities of the LänderSection 41 - Application of provisions concerning criminal proceedings and proceedings to impose administrative finesSection 42 - Penal provisionsSection 43 - Provisions on administrative finesSection 44 - Proceedings against a controller or processor
Section 45 - ScopeSection 46 - DefinitionsSection 47 - General principles for processing personal dataSection 48 - Processing of special categories of personal dataSection 49 - Processing for other purposesSection 50 - Processing for archiving, scientific and statistical purposesSection 51 - ConsentSection 52 - Processing on instructions from the controllerSection 53 - ConfidentialitySection 54 - Automated individual decisionSection 55 - General information on data processingSection 56 - Notification of data subjectsSection 57 - Right of accessSection 58 - Right to rectification and erasure and to restriction of processingSection 59 - Modalities for exercising the rights of the data subjectSection 60 - Right to lodge a complaint with the Federal CommissionerSection 61 - Legal remedies against decisions of the Federal Commissioner or if he or she fails to take actionSection 62 - Processing carried out on behalf of a controllerSection 63 - Joint controllersSection 64 - Requirements for the security of data processingSection 65 - Notifying the Federal Commissioner of a personal data breachSection 66 - Notifying data subjects affected by a personal data breachSection 67 - Conducting a data protection impact assessmentSection 68 - Cooperation with the Federal CommissionerSection 69 - Prior consultation of the Federal CommissionerSection 70 - Records of processing activitiesSection 71 - Data protection by design and by defaultSection 72 - Distinction between different categories of data subjectsSection 73 - Distinction between facts and personal assessmentsSection 74 - Procedures for data transfersSection 75 - Rectification and erasure of personal data and restriction of processingSection 76 - LoggingSection 77 - Confidential reporting of violationsSection 78 - General requirementsSection 79 - Data transfers with appropriate safeguardsSection 80 - Data transfers without appropriate safeguardsSection 81 - Other data transfers to recipients in third countriesSection 82 - Mutual assistanceSection 83 - CompensationSection 84 - Penal provisions

Section 65

Notifying the Federal Commissioner of a personal data breach

(1) In the case of a personal data breach, the controller shall notify the Federal Commissioner without delay and, if possible, not later than 72 hours after having become aware of it, of the personal data breach, unless the personal data breach is unlikely to result in a risk to the legally protected interests of natural persons. If the Federal Commissioner is not notified within 72 hours, the notification shall be accompanied by reasons for the delay.
(2) A processor shall notify the controller of a personal data breach without delay.
(3) The notification referred to in subsection 1 shall include at least the following information:
1. a description of the nature of the personal data breach including, where possible, the categories and approximate number of data subjects concerned and the categories and approximate number of personal data records concerned;
2. the name and contact details of the data protection officer or other contact point where more information can be obtained;
3. a description of the likely consequences of the personal data breach; and
4. a description of the measures taken or proposed by the controller to address the personal data breach, including measures to mitigate its possible adverse effects.
(4) If it is not possible to provide the information pursuant to subsection 3 with the notification, the controller shall provide this information as soon as it is available.
(5) The controller shall document any personal data breaches. This documentation shall include all the facts relating to the personal data breach, its effects and the remedial action taken.
(6) If the personal data breach involves personal data that have been transmitted by or to a controller in another Member State of the European Union, the information referred to in subsection 3 shall be communicated to the controller in that Member State without delay.
(7) Section 42 (4) shall apply accordingly.
(8) Additional obligations of the controller regarding notifications of personal data breaches shall remain unaffected.