Company X has entrusted the processing of their payroll data to Provider Y. Provider Y stores this encrypted data on its server. The IT department of Provider Y finds out that someone managed to hack into the system and take a copy of the data from its server. In this scenario, whom does Provider Y have the obligation to notify?
Correct Answer: B
According to Article 33 of the GDPR, in the case of a personal data breach, the processor (Provider Y) shall notify the controller (Company X) without undue delay after becoming aware of the breach. The processor does not have the obligation to notify the supervisory authority, the public, or law enforcement, unless otherwise required by law. The controller is responsible for notifying the supervisory authority and, where necessary, the data subjects, unless the breach is unlikely to result in a risk to their rights and freedoms. Reference:
Article 33 of the GDPR, which regulates the notification of a personal data breach to the supervisory authority.
[Article 34 of the GDPR], which regulates the communication of a personal data breach to the data subject.
ICO guidance, which explains the roles and responsibilities of controllers and processors in relation to data breach notification.