Under the so-called e-Privacy Directive, providers of publicly available electronic communications services (primarily telecom providers and ISPs) are obliged to notify the competent national authorities and, in certain cases also the subscribers and individuals concerned, of personal data breaches. In order to ensure consistency in the implementation of this notification obligation by the EU Member States the European Commission has adopted technical implementing measures in form of a Regulation No 611/2013 on the notification of personal data breaches in the electronic communication sector which entered into force on 25 August.
The Regulation, which has direct effect in all EU Member States, specifies the circumstances, the format and procedures applicable to these notification requirements under the e-Privacy Directive in case of personal data breaches (that is any breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored or otherwise processed in connection with the provision of a publicly available electronic communications service in the EU).