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GDPRAIANIS2CRA

Incident Reporting Requirements under the Key Digital Laws: Comparison

by Streamlex 26 February 2025

The comparison table offers a summary of the incident & data breach reporting requirements under the key EU digital laws: GDPR, NIS2, Cyber Resilience Act (CRA) and AI Act. It offers general overview and simplifies complex details. Use this table as a supplementary reference, not as a primary source of legal guidance and always consult the actual legal texts.


REQUIREMENTS

GDPR

NIS2

CRA

AI ACT

Relevant articles

Articles 33-34

Article 23

Article 14

Article 73

Article 55

Covered entities

Data controllers

Essential and important entities

Manufacturers of the products with digital elements

Providers and, in some cases, deployers of high-risk AI systems

Providers of GPAI with systemic risk

Reporting threshold

A personal data breach likely to result in a risk to the rights and freedoms of natural persons

Significant incident

An actively exploited vulnerability

A severe incident having an impact on the security of the product with digital elements

Serious incident

Serious incident

Trigger

When a covered entity becomes aware of a data breach

When a covered entity becomes aware of a significant incident

When a covered entity becomes aware of an actively exploited vulnerability

When a covered entity becomes aware of a severe incident

When a covered entity establishes a link between the AI system and the serious incident or the reasonable likelihood of such a link

Not specified

General reporting/notificati on timeline

Without undue delay but not later than within 72 hrs

Early warning without undue delay and in any event within 24 hours of becoming aware. Followed by a notification within 72 hrs and a final report within 1 month.

Early warning without undue delay and in any event within 24 hours of becoming aware. Followed by a notification within 72 hrs and a final report within 14 days.

Early warning without undue delay and in any event within 24 hours of becoming aware. Followed by a notification within 72 hrs and a final report within 1 month.

Immediately after but no later than within 15 days of becoming aware.

Without undue delay

Shortened reporting /notification obligations

N/A

Incident notification within 24 hours for significant incidents impacting trust services.

N/A

N/A

Incident reporting within 10 days in the event of a person’s death.

Incident reporting within 2 days for a widespread infringement or as serious incident leading to irreversible

N/A

Authorities receiving reports / notifications

Supervisory authorities

CSIRT or competent authorities

CSIRT designated as coordinatorand ENISA

Market surveillance authorities

AI Office and national competent authorities

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