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The topic we propose to investigate throughout our dissertation is personal data breaches, the effectiveness of Article 33 of the GDPR, and approaches for its improved enforcement.
The GDPR has established itself as a global standard for data protection, mandating that controllers must notify the competent SA’s of personal data breaches within 72 hours after becoming aware of them. However, many of these breaches remain unreported due to inconsistent enforcement, administrative burdens, and concerns over reputational damage.
Key challenges include detecting and assessing personal data breaches within the required timeframe, which may be insufficient given the complexity of modern cyber threats, and differentiating between security incidents and personal data breaches. The risk of severe sanctions may also lead to under-deterrence, where organizations avoid reporting personal data breaches to escape sanctions, or over-deterrence, where they report excessively to mitigate potential consequences.
A more flexible approach, such as the NIS 2 Directive’s two-tiered notification model, could enhance notification efficiency. Organizations, in order to strengthen compliance and enforcement, should also adopt comprehensive data protection policies, standardized security mechanisms, and efficient incident response plans.
Enhancing regulatory oversight and refining notification criteria can lead to a more effective enforcement of Article 33 of the GDPR, ultimately fortifying the EU data protection framework and ensuring stronger safeguards for data subjects.