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Appendix 2 - Data processing agreement
In accordance with Article 28(3) of Regulation 2016/679 (the General Data Protection Regulation) regarding the data processor's handling of personal data
between the Customer, hereinafter referred to as "the data controller," and Orbit, hereinafter referred to as "the data processor,"
where each party is referred to as a "party" and together are referred to as "the parties"
HAVE AGREED upon the following standard contractual clauses (the Clauses) with the aim of complying with the General Data Protection Regulation and ensuring the protection of privacy and the fundamental rights and freedoms of individuals.
Preambel
This data processing agreement (DPA) is based on the standard DPA released by the Danish Data Protection Agency.
These Contractual Clauses (the Clauses) set out the rights and obligations of the data controller and the data processor, when processing personal data on behalf of the data controller.
The Clauses have been designed to ensure the parties’ compliance with Article 28(3) of Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).
In the context of the provision of Orbit, the data processor will process personal data on behalf of the data controller in accordance with the Clauses.
The Clauses shall take priority over any similar provisions contained in other agreements between the parties.
Appendices attached to this document form an integral part of the Clauses.
Appendix D1 contains details about the processing of personal data, including the purpose and nature of the processing, type of personal data, categories of data subject and duration of the processing.
Appendix D2 contains the data controller’s conditions for the data processor’s use of subprocessors and a list of subprocessors authorised by the data controller.
Appendix D3 contains the data controller’s instructions with regards to the processing of personal data, the minimum security measures to be implemented by the data processor and how audits of the data processor and any subprocessors are to be performed.
Appendix D4 contains the data processor’s process on how to handle and report data breaches.
The Clauses along with appendices shall be retained in writing, including electronically, by both parties.
The Clauses shall not exempt the data processor from obligations to which the data processor is subject pursuant to the General Data Protection Regulation (the GDPR) or other legislation.
The rights and obligations of the data controller
The data controller is responsible for ensuring that the processing of personal data takes place in compliance with the GDPR (see Article 24 GDPR), the applicable EU or Member State data protection provisions and the Clauses.
The data controller has the right and obligation to make decisions about the purposes and means of the processing of personal data.
The data controller shall be responsible, among other, for ensuring that the processing of personal data, which the data processor is instructed to perform, has a legal basis.
The data processor acts according to instructions
The data processor shall process personal data only on documented instructions from the data controller, unless required to do so by Union or Member State law to which the processor is subject. Such instructions shall be specified in appendices D1, D3 and D4. Subsequent instructions can also be given by the data controller throughout the duration of the processing of personal data, but such instructions shall always be documented and kept in writing, including electronically, in connection with the Clauses.
The data processor shall immediately inform the data controller if instructions given by the data controller, in the opinion of the data processor, contravene the GDPR or the applicable EU or Member State data protection provisions.
Confidentiality
The data processor shall only grant access to the personal data being processed on behalf of the data controller to persons under the data processor’s authority who have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality and only on a need to know basis. The list of persons to whom access has been granted shall be kept under periodic review. On the basis of this review, such access to personal data can be withdrawn, if access is no longer necessary, and personal data shall consequently not be accessible anymore to those persons.
The data processor shall at the request of the data controller demonstrate that the concerned persons under the data processor’s authority are subject to the abovementioned confidentiality.
Security of processing
Article 32 GDPR stipulates that, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, the data controller and data processor shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk.
The data controller shall evaluate the risks to the rights and freedoms of natural persons inherent in the processing and implement measures to mitigate those risks. Depending on their relevance, the measures may include the following:
- Pseudonymisation and encryption of personal data;
- the ability to ensure ongoing confidentiality, integrity, availability and resilience of processing systems and services;
- the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident;
- a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing.
According to Article 32 GDPR, the data processor shall also – independently from the data controller – evaluate the risks to the rights and freedoms of natural persons inherent in the processing and implement measures to mitigate those risks. To this effect, the data controller shall provide the data processor with all information necessary to identify and evaluate such risks.
Furthermore, the data processor shall assist the data controller in ensuring compliance with the data controller’s obligations pursuant to Articles 32 GDPR, by inter alia providing the data controller with information concerning the technical and organisational measures already implemented by the data processor pursuant to Article 32 GDPR along with all other information necessary for the data controller to comply with the data controller’s obligation under Article 32 GDPR.
If subsequently – in the assessment of the data controller – mitigation of the identified risks require further measures to be implemented by the data processor, than those already implemented by the data processor pursuant to Article 32 GDPR, the data controller shall specify these additional measures to be implemented in Appendix D3.
Use of sub-processors
The data processor shall meet the requirements specified in Article 28(2) and (4) GDPR in order to engage another processor (a sub-processor).
The data processor shall therefore not engage another processor (sub-processor) for the fulfilment of the Clauses without the prior general written authorisation of the data controller.
The data processor has the data controller’s general authorisation for the engagement of sub-processors. The data processor shall inform in writing the data controller of any intended changes concerning the addition or replacement of sub-processors at least 60 days in advance, thereby giving the data controller the opportunity to object to such changes prior to the engagement of the concerned sub-processor(s). Longer time periods of prior notice for specific sub-processing services can be provided in Appendix D2. The list of sub-processors already authorised by the data controller can be found in Appendix D2.
Where the data processor engages a sub-processor for carrying out specific processing activities on behalf of the data controller, the same data protection obligations as set out in the Clauses shall be imposed on that sub-processor by way of a contract or other legal act under EU or Member State law, in particular providing sufficient guarantees to implement appropriate technical and organisational measures in such a manner that the processing will meet the requirements of the Clauses and the GDPR.
The data processor shall therefore be responsible for requiring that the sub-processor at least complies with the obligations to which the data processor is subject pursuant to the Clauses and the GDPR.
A copy of such a sub-processor agreement and subsequent amendments shall – at the data controller’s request – be submitted to the data controller, thereby giving the data controller the opportunity to ensure that the same data protection obligations as set out in the Clauses are imposed on the sub-processor. Clauses on business related issues that do not affect the legal data protection content of the sub-processor agreement, shall not require submission to the data controller.
The data processor shall agree a third-party beneficiary clause with the sub-processor where – in the event of bankruptcy of the data processor – the data controller shall be a third-party beneficiary to the sub-processor agreement and shall have the right to enforce the agreement against the sub-processor engaged by the data processor, e.g. enabling the data controller to instruct the sub-processor to delete or return the personal data.
If the sub-processor does not fulfil his data protection obligations, the data processor shall remain fully liable to the data controller as regards the fulfilment of the obligations of the sub-processor. This does not affect the rights of the data subjects under the GDPR – in particular those foreseen in Articles 79 and 82 GDPR – against the data controller and the data processor, including the sub-processor.
Transfer of data
This paragraph handles the transfer of data to third countries or international organisations.
Any transfer of personal data to third countries or international organisations by the data processor shall only occur on the basis of documented instructions from the data controller and shall always take place in compliance with Chapter V GDPR.
In case transfers to third countries or international organisations, which the data processor has not been instructed to perform by the data controller, is required under EU or Member State law to which the data processor is subject, the data processor shall inform the data controller of that legal requirement prior to processing unless that law prohibits such information on important grounds of public interest.
Without documented instructions from the data controller, the data processor therefore cannot within the framework of the Clauses:
- transfer personal data to a data controller or a data processor in a third country or in an international organization
- transfer the processing of personal data to a sub-processor in a third country
- have the personal data processed by the data processor in a third country
The data controller’s instructions regarding the transfer of personal data to a third country including, if applicable, the transfer tool under Chapter V GDPR on which they are based, shall be set out in Appendix D3.
The Clauses shall not be confused with standard data protection clauses within the meaning of Article 46(2)(c) and (d) GDPR, and the Clauses cannot be relied upon by the parties as a transfer tool under Chapter V GDPR.
Assistance to the data controller
Taking into account the nature of the processing, the data processor shall assist the data controller by appropriate technical and organisational measures, insofar as this is possible, in the fulfilment of the data controller’s obligations to respond to requests for exercising the data subject’s rights laid down in Chapter III GDPR.
This entails that the data processor shall, insofar as this is possible, assist the data controller in the data controller’s compliance with:
- the right to be informed when collecting personal data from the data subject
- the right to be informed when personal data have not been obtained from the data subject
- the right of access by the data subject
- the right to rectification
- the right to erasure ("the right to be forgotten")
- the right to restriction of processing
- notification obligation regarding rectification or erasure of personal data or restriction of processing
- the right to data portability
- the right to object
- the right not to be subject to a decision based solely on automated processing, including profiling
In addition to the data processor’s obligation to assist the data controller pursuant to Clause "Use of sub-processors", the data processor shall furthermore, taking into account the nature of the processing and the information available to the data processor, assist the data controller in ensuring compliance with:
- The data controller’s obligation to without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the personal data breach to the competent supervisory authority, The Danish Data Protection Agency, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons;
- the data controller’s obligation to without undue delay communicate the personal data breach to the data subject, when the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons;
- the data controller’s obligation to carry out an assessment of the impact of the envisaged processing operations on the protection of personal data (a data protection impact assessment);
- the data controller’s obligation to consult the competent supervisory authority, The Danish Data Protection Agency, prior to processing where a data protection impact assessment indicates that the processing would result in a high risk in the absence of measures taken by the data controller to mitigate the risk.
Appendix D3 defines the appropriate technical and organisational measures by which the data processor is required to assist the data controller as well as the scope and the extent of the assistance required. This applies to the obligations foreseen in this Clause.
Notification of personal data breach
In case of any personal data breach, the data processor shall, without undue delay after having become aware of it, notify the data controller of the personal data breach.
The data processor’s notification to the data controller shall, if possible, take place within 24 hours after the data processor has become aware of the personal data breach to enable the data controller to comply with the data controller’s obligation to notify the personal data breach to the competent supervisory authority, cf. Article 33 GDPR.
In accordance with Clause 8.2(a), the data processor shall assist the data controller in notifying the personal data breach to the competent supervisory authority, meaning that the data processor is required to assist in obtaining the information listed below which, pursuant to Article 33(3)GDPR, shall be stated in the data controller’s notification to the competent supervisory authority:
- The nature of the personal data including where possible, the categories and approximate number of data subjects concerned and the categories and approximate number of personal data records concerned;
- the likely consequences of the personal data breach;
- the measures taken or proposed to be taken by the controller to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects.
Appendix D4 defines all the elements to be provided by the data processor when assisting the data controller in the notification of a personal data breach to the competent supervisory authority.
Erasure and return of data
On termination of the provision of personal data processing services, the data processor shall be under obligation to delete all personal data processed on behalf of the data controller and certify to the data controller that it has done unless Union or Member State law requires storage of the personal data.
The data processor commits to exclusively process the personal data for the purposes and duration provided for by this law and under the strict applicable conditions.
Audit and inspection
The data processor shall make available to the data controller all information necessary to demonstrate compliance with the obligations laid down in Article 28 and the Clauses and allow for and contribute to audits, including inspections, conducted by the data controller or another auditor mandated by the data controller.
Procedures applicable to the data controller’s audits, including inspections, of the data processor and sub-processors are specified in appendix D3.
The data processor shall be required to provide the supervisory authorities, which pursuant to applicable legislation have access to the data controller’s and data processor’s facilities, or representatives acting on behalf of such supervisory authorities, with access to the data processor’s physical facilities on presentation of appropriate identification.
The parties' agreement on other terms
The parties may agree other clauses concerning the provision of the personal data processing service specifying e.g. liability, as long as they do not contradict directly or indirectly the Clauses or prejudice the fundamental rights or freedoms of the data subject and the protection afforded by the GDPR.
Commencement and termination
The Clauses shall become effective on the date of both parties’ signature.
Both parties shall be entitled to require the Clauses renegotiated if changes to the law or inexpediency of the Clauses should give rise to such renegotiation.
The Clauses shall apply for the duration of the provision of personal data processing services. For the duration of the provision of personal data processing services, the Clauses cannot be terminated unless other Clauses governing the provision of personal data processing services have been agreed between the parties.
If the provision of personal data processing services is terminated, and the personal data is deleted or returned to the data controller pursuant to Clause "Erasure and return of data" and Appendix D3, the Clauses may be terminated by written notice by either party.
Contacts
The parties may contact each other using the following contacts/contact points.
For Orbit:
Rene Dalsgaard Larsen
rdl@orbit.online
+45 2279 5969
For Kunden:
Den person der har godkendt denne aftale
The parties shall be under obligation continuously to inform each other of changes to contacts/contact points.
Appendix D1
Information about the processing
The purpose of the data processor’s processing of personal data on behalf of the data controller is:
The data processor provides cloud storage, hosting, storage and backup to the data controller.
The Data Controller uses the Orbit platform to optimize internal processes and knowledge sharing.
The data processor’s processing of personal data on behalf of the data controller shall mainly pertain to (the nature of the processing):
The data processor is only processing personal data on behalf of the data controller in order to provide a service to the data controller..
The processing is related to the following activities:
- Import of data
- Indexing of data to enable efficient search
- Storing data
- Exporting data, both automized and user initiated.
- Analysis of data.
The processing includes the following types of personal data about data subjects:
- Name
- E-mail addresses
- Telephone numbers
- E-mails
Processing includes the following categories of data subject:
- Employees
- Collaboration partner contacts
- Client contacts
- Sales contacts
The data processor’s processing of personal data on behalf of the data controller may be performed when the Clauses commence. Processing has the following duration:
The processing of personal data shall be performed until the Data Processor's services has been terminated, after which the personal data is either returned or erased in accordance with Clause 10. The Data Processor's processing of personal data is performed as long as the underlying commercial agreement(s) consists.
Appendix D2
Authorized sub-processors
Approved sub-processors
On commencement of the Clauses, the data controller authorises the engagement of the following sub-processors:
Hetzner Online GmbH
CVR:DE 812871812
Industriestr. 25
91710 Gunzenhausen
Germany
Used for hosting at their location in Ireland (EU)
N-Able
1000 Orteliuslaan
3528 BD Utrecht
The Netherlands
The Netherlands Used for backup at their location in Germany (EU)
Data is at-rest and end-to-end encrypted.
The data controller shall on the commencement of the Clauses authorise the use of the abovementioned sub-processors for the processing described for that party. The data processor shall not be entitled – without the data controller’s explicit written authorisation – to engage a sub-processor for a ‘different’ processing than the one which has been agreed upon or have another sub-processor perform the described processing.
Appendix D3
Instruction
This appendix describes the intructions pertaining to the use of personal data.
The subject of/instruction for the processing
The data processor’s processing of personal data on behalf of the data controller shall be carried out by the data processor performing the following:
The Data Processor processes personal data on behalf of the Data Controller in order to enable the Data Controller to use the Orbit platform for optimizing internal processes and knowledge sharing. The data controller (the customer) will use the platform for selected or all employees.
Orbit employees will not access, inspect, export, or in any other way manually process data, unless explicitly and in writing permitted to do so by a representative of the Data Controller with proper authority.
The Processor acts solely according to documented instructions from the Controller, unless processing is required under EU law or national law.
If the Processor finds that certain instructions are contrary to the Danish Data Protection Act or the GDPR, the Processor must inform the Controller accordingly.
Security of processing
The level of security shall take into account:
That the processing involves a large volume of personal data which are subject to Article 9 GDPR on ‘special categories of personal data’ which is why a ‘high’ level of security should be established.
The data processor shall hereafter be entitled and under obligation to make decisions about the technical and organisational security measures that are to be applied to create the necessary (and agreed) level of data security.
The data processor shall however – in any event and at a minimum – implement the following measures that have been agreed with the data controller:
Physical security
The Data Processor has implemented the following physical security measures:
- The data processor's office space can be locked.
- The data processor uses alarm systems to detect and prevent burglary.
- The data processor uses fire alarms and smoke detectors to detect and prevent fires.
- All disks are encrypted and can only be accessed with a personal hardware token (Yubi key)
Organizational security
The Data Processor has implemented the following organizational security measures:
- All employees of the data processor are subject to confidentiality obligations that apply to all processing of personal data.
- The employee access to personal data is limited, so that only the relevant employees have access to the necessary personal data.
- The data processor has an IT security policy.
- The data processor has documentable process descriptions for breaches of the personal data security, which are reviewed at least annually.
Technical security: Access to personal data
The Data Processor has implemented the following technical security measures regarding access to personal data:
- The data processor uses two factor authentication (2FA) to all systems.
- The data processor requires employees to use individual passwords stored in a password manager for added security.
- The data processor's computers have automatic access protection during inactivity, ie. locked screen saver.
- The data processor has policies for password composition, including minimum requirements.
- There are procedures for revoking permissions when an employee stops.
- There are procedures for granting authorizations to IT systems when hiring new employees.
Technical security: Access to and protection of it systems
The Data Processor has implemented the following technical security measures regarding access to and protection of it systems:
- The data processor grants authorizations to individuals or groups of users to access, change and delete processed personal data.
- The data processor has procedure(s) to restore data from backup.
- The data processor regularly reviews system controls.
Technical security: Encryption
The Data Processor has implemented the following technical security measures regarding encryption:
- Passwords stored on the processor's computers, etc. are encrypted.
- Content on external hard drives and USB keys, etc. is encrypted when such media contain personal or sensitive personal information.
- The data processor encrypts personal data in systems and/or on devices.
- The data processor's websites, system and web forms all uses SSL certificates/HTTPS (Hyper Text Transfer Protocol Secure).
Technical security: Protection of personal data during transmission
The Data Processor has implemented the following technical security measures regarding protection of personal data during transmission:
- The data processor has guidelines for the use of work emails, including use for private use, appropriate use, encryption, secure use, etc.
Technical security: Availability and robustness
The Data Processor has implemented the following technical security measures regarding availability and robustness:
- Accessibility and robustness of the data processor's systems and servers are secured by a third party with whom the data processor has an agreement..
- Only authorized employees have access to the data processor's own servers.
- There are rules and guidelines for data backup.
- There are rules and guidelines for restoring data from backup.
- Backups are made each night.
Assistance to the data controller
The data processor shall insofar as this is possible – within the scope and the extent of the assistance specified below – assist the data controller in accordance with Clause "Assistance to the data controller" by implementing the following technical and organisational measures:
If the Data Controller receives a request for the exercise of one of the rights of the data subjects in accordance with applicable data protection law, and a proper reply to the request requires assistance from the Data Processor, the Data Processor shall assist the Data Controller with the necessary and relevant information and documentation as well as appropriate technical and organizational security measures.
If the Data Controller needs the Data Processor's assistance in order to reply to a request from a data subject, the Data Controller must send a written requst for assistance to the Data Processor and the Data Processor shall in response provide the necessary help or documentation as soon as possible and no later than 7 calendar days after receiving the request.
If the Data Processor receives a request for the exercise of the rights pursuant to applicable data protection law from other persons than the Data Controller, and the request concerns personal data processed on behalf of the Data Controller, the Data Processor shall without undue delay forward the request to the Data Controller.
The Processor must as far as possible assist the Controller in performing the Controller's obligation to respond to requests for exercising the data subject's rights, including access, rectification, reduction or erasure, if the key personal data are processed by the Processor. If so requested by the data subject, the Processor notifies the Controller accordingly.
The Controller is liable for any costs incurred by the Processor in connection with such assistance including for any sub-processors. The Processor's assistance is payable at the Processor's applicable hourly rate for such work.
Storage period/erasure procedures
Personal data is stored until the Data Processor's services has been terminated.
If the Data Processor deletes personal data or the personal data is autodeleted by the system, the data will be kept in backup for 90 days after which the personal data is automatically erased from the backup.
Upon termination of the provision of personal data processing services, the data processor shall either delete or return the personal data in accordance with Clause "Erasure and return of data", unless the data controller – after the signature of the contract – has modified the data controller’s original choice.
Such modification shall be documented and kept in writing, including electronically, in connection with the Clauses.
Processing location
Processing of the personal data under the Clauses cannot be performed at other locations than the following without the data controller’s prior written authorisation:
At the Data Processor's own headquarter or at the locations of approved sub- processors as specified in Appendix D2.
Instruction on the transfer of personal data to third countries
If the data controller does not in the Clauses or subsequently provide documented instructions pertaining to the transfer of personal data to a third country, the data processor shall not be entitled within the framework of the Clauses to perform such transfer.
Procedures for the data controller’s audits, including inspections, of the processing of personal data being performed by the data processor
The Data Processor shall, upon the Data Controller's written request, document to the Data Controller that the Data Processor is complying with his obligations under these Clauses and the Instruction
The Data Processor's documentation shall be sent to the Data Controller within a reasonable time after receiving the request.
The Data Processor shall not make available self-audit reports to the Data Controller in accordance with the principles of the ISAE 3000 Statement of Assurance as part of the Data Processors' documentation for compliance with these Clauses.
The Data Processor is not obligated to initiate and undertake external audits of its compliance with the Clauses on its own initiative.
The Processor must as far as possible help provide all information that is necessary to demonstrate compliance with the requirements of the Data Processing Agreement to the Controller and must allow for and contribute to audits, including inspections, carried out by the Controller or an auditor authorised by the Controller.
The Controller is liable for any costs incurred by the Processor in connection with such assistance, including for any sub-processors. The Processor's assistance is payable at the Processor's applicable hourly rate for such work.
Appendix D4
Handling data breaches
At Orbit Online the guiding metric for evaluating, mitigating, and finally fixing the root cause of security incidents is severity. During processing a security incident, discovery of new information may change that severity and cause the process to accelerate or decelerate.
Analysis
If the incident is reported by a user of the system, both the authenticity of the user and the veracity of the claim are confirmed first. This is done to prevent the process itself being the cause for a security incident (e.g., causing a denial of service by claiming there is a critical but hard to reproduce security vulnerability and requesting a shutdown of the system while it is being resolved).
Once the reported symptom or symptoms have been verified, a severity (high, medium, low) is assigned to the incident. This is done to make better informed decisions later in the process. When determining the severity, the requests of the customer and their unique circumstances are of course considered.
Mitigation
Using the initial assessment of severity, a mitigation strategy is formulated.
Here, multiple factors are considered:
- Is a mitigation without first finding the root cause possible or at all effective?
- Will the mitigation cause interruption of service?
- Could mistakes made during the implementation of the mitigation cause further issues?
- Does this issue affect multiple customers?
While the mitigation strategy is formulated, a search for the root cause of the issue is put into motion. Depending on the estimated completion of this search the customer is either informed of the mitigation strategy that will be implemented or said strategy is discarded in favour of fixing the root cause instead.
Once the root cause has been identified other potential symptoms are extrapolated and evaluated as well. This may result in an escalation of the incident severity. A plan for fixing the root cause is then developed. Based on the estimate of the implementation and severity of the incident an alternative mitigation strategy may be applied while the root cause is being fixed.
Using the root cause analysis, the actual impact of the issue is determined by way of audit logs and other forensic tools. Future potential impact assessment is performed as well.
When all the above information has been gathered, the results of the analysis are sent to the customer.
Depending on the severity of the issue and instructions from the customer the root cause will be either hot fixed or added to the bug list of the next patch release of Orbit. At the same time an automatic test and/or alert is added identifying the issue in the future, should it be reintroduced by accident.
Reporting
If a data breach in Orbit is detected (human error, deliberate attack, programming error etc) the customer owning the data (the data responsible) must be notified as soon as possible. To do so in a structured manner and to not forget important facts, use the below headlines as a template.
The e-mail must be sent to your primary customer contact. Do NOT include the data from the breach in the email. Instead, save the data in a secure encrypted location until the incident has been settled and closed. Only on direct written request may the data be sent to the customer. Please consult the Orbit project manager of the customer project before sending any data. Not all customer contacts may possess the necessary clearance to receive the data. Generally, contacts must only receive data, they normally have access to in Orbit given their active user type and rights.
In the email include the following:
- What happened:
A clear and precise description of what we know for a fact happened. Only facts, no guesswork. - When did this happen:
State the most precise time at which the breach began. If we don't know this write that we are investigating and instead state, the earliest time that led to the discovery of the breach. - What has been done to mitigate the breach:
A clear and precise description of what has been done so far to limit further breaches. - What type of data was involved:
Name the data entities involved and the field names as known by the customer. e.g., profile data containing names and emails. - Who was involved:
This only applies to human errors. State the number of persons in the sending and receiving party and the company name(s) of the receiving party. Do not include the actual names of the people involved (do however write those down elsewhere for later use). - Likely consequences:
By contract we are bound to inform about the likely consequences as we see them. Was the receiving party a competitor? Did everyone immediately delete the data? Can the data be used to gain access to even more data (e.g., info that is usable in phishing attempts) etc. - Measures taken:
Describe actions that will be taken to ensure that breaches of this type will not happen again in the future.