NIS 2 Directive, Proposal 16.12.2020

The NIS 2 Directive, Infringements entailing a personal data breach

Article 32, NIS 2 Directive (Proposal 16.12.2020).

Infringements entailing a personal data breach

1. Where the competent authorities have indications that the infringement by an essential or important entity of the obligations laid down in Articles 18 and 20 entails a personal data breach, as defined by Article 4(12) of Regulation (EU) 2016/679 which shall be notified pursuant to Article 33 of that Regulation, they shall inform the supervisory authorities competent pursuant to Articles 55 and 56 of that Regulation within a reasonable period of time.

2. Where the supervisory authorities competent in accordance with Articles 55 and 56 of Regulation (EU) 2016/679 decide to exercise their powers pursuant to Article 58(i) of that Regulation and impose an administrative fine, the competent authorities shall not impose an administrative fine for the same infringement under Article 31 of this Directive. The competent authorities may, however, apply the enforcement actions or exercise the sanctioning powers provided for in points (a) to (i) of Article 29 (4), Article 29 (5), and points (a) to (h) of Article 30 (4) of this Directive.

3. Where the supervisory authority competent pursuant to Regulation (EU) 2016/679 is established in another Member State than the competent authority, the competent authority may inform the supervisory authority established in the same Member State.

Note: This is not the final text of the NIS 2 Directive. This is the text of the NIS 2 Directive Proposal of 16.12.2020.