The data breach discipline is of growing importance in the regulation of the digital ecosystem, given the constant proliferation of criminal phenomena. The aim of the discipline is, on the one hand, to impose adequate measures for preventing and minimising the risks of intrusion, and on the other, to establish the methods and timing for communicating relevant events to the authorities. Both privacy legislation and cybersecurity legislation have intervened on the matter. Lastly, the matter is relevant from the point of view of liability towards the owners of the information subject to breach, where case law has sanctioned full liability of the owner/processor, subject to proof of the adoption of adequate measures.

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Data Processing Security and Personal Data Breach Notification System

  • Agostino Nuzzolo

摘要

The data breach discipline is of growing importance in the regulation of the digital ecosystem, given the constant proliferation of criminal phenomena. The aim of the discipline is, on the one hand, to impose adequate measures for preventing and minimising the risks of intrusion, and on the other, to establish the methods and timing for communicating relevant events to the authorities. Both privacy legislation and cybersecurity legislation have intervened on the matter. Lastly, the matter is relevant from the point of view of liability towards the owners of the information subject to breach, where case law has sanctioned full liability of the owner/processor, subject to proof of the adoption of adequate measures.