The basic principle of information security emphasizes data availability to maintain personal data access and usage when required. According to the General Data Protection Regulation (GDPR), an organization breaches availability when personal data loses accessibility due to system breakdowns, cyberattacks, or network interruptions. Data loss or prolonged inaccessibility constitutes the primary type of availability breach in data protection compared to confidentiality breaches that involve unauthorized access. This blog investigates GDPR's availability of breach rules and solutions for their prevention.

Understanding Availability Breaches under GDPR

An availability breach under GDPR refers to any event that makes personal data temporarily or permanently inaccessible, whether due to accidental or malicious actions. This includes:

• Cyberattacks (e.g., ransomware attacks that encrypt data, making it unusable)

• Hardware failures (e.g., server crashes leading to data loss)

• Software issues (e.g., bugs or errors in applications that cause data inaccessibility)

• Human errors (e.g., accidental deletion of critical files)

• Natural disasters (e.g., floods or fires destroying data centres)

GDPR considers lack of access to personal data as a personal data breach category according to Article 4(12), which includes confidentiality and integrity breaches. Organizations must build preventive systems and reaction plans to combat the damaging effects.

Legal Implications of Availability Breaches

Under GDPR, data availability requirements generate risks of monetary fines, liability, and compliance violations. Every business must understand the legal consequences of availability breaches.

1. Obligations Under GDPR

The GDPR establishes substantial legal requirements for data availability that data controllers and processors must follow. Key provisions include:

• Article 5(1)(f): Integrity and Confidentiality Principle – GDPR requires organizations to establish data-processing systems with resilience features that ensure confidentiality, integrity and availability as per Article 5(1)(f).

• Article 32: Security of Processing – The GDPR requires data processors to develop prompt security protocols and organizational recovery systems through Article 32 for incident data accessibility recovery.

• Article 33: Breach Notification – When availability breaches threaten individual rights and freedoms, the supervisory authority needs notification within 72 hours, according to Article 33.

• Article 34: Communication to Data Subjects – After immediately detecting high-risk data breaches, data subjects who have endured such incidents should learn about them quickly.

Also, Get to Know What to Do When GDPR Is Breached

2. Penalties for Non-Compliance

Fines that exceed substantial amounts await companies which do not meet GDPR's data availability obligations. Violations of information availability requirements faced under GDPR carry penalties between €10 million and 2% of annual worldwide operations and penalties from €20 million to 4%.

Learn the Key Differences between CCPA & GDPR

3. Liability and Compensation

The provisions of Article 82 allow victims of availability breaches to obtain compensation for resulting damage from service non-compliance. Data-subject legal action against organizations becomes possible when data restoration happens slowly after a data availability failure.

Technical Measures to Prevent Availability Breaches

Organizations must meet GDPR requirements by developing strong cybersecurity with data resilience systems to protect against potential risks. Key measures include:

1. Data Backup and Recovery Plans

• Regular data backups must exist in at least two locations throughout the system.

• A backup system with automatic version control should be implemented to restore previous backup states.

• The organization must test recovery processes to verify their effectiveness at specified periods.

2. Cybersecurity Measures

• The prevention of cyberattacks can be achieved by implementing firewalls and intrusion detection systems (IDS).

• Multipurpose authentication systems (MFA) should be deployed to protect access to crucial information.

• Implement endpoint security solutions that will discover threats at their initial stages to prevent their expansion.

Also, Learn about What is General Data Under GDPR?

3. Disaster Recovery and Business Continuity Planning

• The organization must establish disaster recovery plans that speed up operational restoration processes.

• A business continuity plan needs development to decrease interruptions and preserve service accessibility.

• Organizational resilience improves through systematic vulnerability identification processes during regular risk assessments.

4. Employee Training and Awareness

• The organization must train its staff on proper data handling and breach response procedures.

• Organizations should develop strategies to regulate how personnel can view and access sensitive data.

• A program of phishing education will lower employee mistakes that create data breaches.

Obligations of Data Controllers and Processors

Data controllers, along with processors, maintain independent duties to meet GDPR's availability obligations according to the following requirements:

• Data Controllers must establish policies and procedures to maintain data availability, conduct risk assessments, and report breaches as required.

• Data Processors: Security procedures should exist for data processors to stop availability breaches, while controllers must receive immediate notification about such incidents.

• Third-party vendors: Every third-party vendor that deals with personal data needs to sign commitments about GDPR compliance to prevent regulatory obligations from being compromised by external provider availability issues.

Also, Find out What is the Impact of Data Breaches on Consumer Trust

Summary

GDPR defines an availability breach as the improper inability to access personal data caused by cyber incidents, system failures, and other disruptions. GDPR requires organizations to establish strict security methods with compulsory data reporting and mitigation processes to ensure data availability security. The violations lead to severe financial penalties and the possibility of being financially responsible for paying damages, resulting in a poor company reputation. Organizations must adopt rigorous cybersecurity protocols with data backup practices along with incident response readiness to comply with GDPR and stop availability breaches from happening.

Also, Know What are Data Subject Access Requests (DSAR) In GDPR

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Availability Breach GDPR: FAQs

Q1. What is an availability breach under GDPR?

Under GDPR, personal data loss occurs when system failures, cyberattacks, or other disruptions lead to long-term or permanent data unavailability, thus violating security requirements.

Q2. Do availability breaches require notification under GDPR?

If the breach risks individuals' rights and freedoms, it must be reported to the supervisory authority within 72 hours and possibly to affected individuals.

Q3. What are the penalties for an availability breach under GDPR?

Organizations can face fines of up to €10 million or 2% of annual turnover for security failures and €20 million or 4% for serious violations.

Q4. How can companies prevent availability breaches?

The combination of frequent data backups, strong cybersecurity systems, disaster recovery plans, and employee training helps substantially minimize access-related breaches.

Q5. Who is responsible for data availability under GDPR?

Both data controllers and processors are responsible for ensuring data availability, implementing security measures, and responding to breaches in compliance with GDPR.