GDPR And Security Breaches: How To Accredit Notifications On Time And Avoid Sanctions

The Pressure Of GDPR In The Face Of A Security Breach

Security breaches affecting personal data are not a theoretical hypothesis: they are part of the real operational risk of any digital organization. The General Data Protection Regulation (GDPR) is clear and forceful: when a breach occurs that may pose a risk to the rights and freedoms of individuals, the company must notify it without undue delay, and in many cases within a maximum period of 72 hours.

The problem is usually not the willingness to comply, but the ability to demonstrate that action was taken with diligence: what was notified, to whom, when, and with what exact content.

In this context, certified email becomes a key piece of regulatory compliance.

The Double Obligation Of GDPR: Notify And Be Able To Prove It

GDPR not only imposes the obligation to communicate a security breach, but also the principle of proactive responsibility (accountability). This implies that the company must be in a position to documentarily accredit that it acted in accordance with the regulations.

In a security breach, this mainly affects two types of notifications:

• Notification to the supervisory authority (for example, the AEPD).
• Notification to data subjects when the risk is high.

In both cases, the regulator does not only evaluate whether notification was made, but whether the notification was complete, timely, and verifiable. The absence of irrefutable proof is one of the usual reasons for sanctions.

The Limitations Of Conventional Email In Security Incidents

Although email is the most used channel for this type of communication, conventional email presents critical weaknesses in regulatory scenarios:

• It does not guarantee the integrity of the content sent.
• It does not provide solid proof of when the message was delivered.
• It can be challenged if the recipient denies having received it.
• It does not generate independent evidence valid in an inspection.

In an investigation by the supervisory authority, screenshots or internal records are usually insufficient.

Certified Email: Irrefutable Proof Of Diligence In The Face Of A Breach

eEvidence certified email allows transforming a critical notification into verifiable electronic evidence, aligned with GDPR and the eIDAS Regulation.

Each shipment generates an evidence certificate (eEvid) that independently accredits:

• The exact content of the notification sent.
• The date and time of sending.
• Delivery to the recipient’s server.
• The sender’s identity.

This evidence is electronically signed and stored, which allows it to be presented days, months, or years later before the competent authority.

In practice, certified email acts as preventive insurance: it does not prevent the breach, but it does protect the organization from sanctions aggravated by lack of proof.

Integration Into Incident Response Plans

Organizations most mature in data protection matters integrate certified email into their incident response plans.

This allows:

• Activating automatic flows of notification when a breach is detected.
• Ensuring that all critical communications are certified from the first moment.
• Centralizing evidence for audits, inspections, or sanctioning procedures.

In environments with high volumes of users or customers, electronic certification also allows scaling notifications without operational friction, maintaining controlled costs.

Frequently Asked Questions (FAQ)

Does GDPR Require Using Certified Email To Notify Breaches?

Not explicitly, but it does require being able to demonstrate that the notification was made correctly. Certified email is one of the most effective means to meet this requirement.

What Happens If I Notify A Breach But Cannot Prove It?

The lack of proof can be interpreted as non-compliance with the notification duty, which increases the risk of sanctions, even if the communication was made in good faith.

Is Certified Email Useful For Both Authorities And Affected Parties?

Yes. It can be used for both cases, independently accrediting each notification made.

Is It Valid Even If The Recipient Does Not Open The Email?

Yes. Validity is based on availability and technical delivery, not on opening, which is also not legally required.

Conclusion

In matters of security breaches, GDPR leaves no room for improvisation. Notifying quickly is mandatory, but being able to prove it is essential.

Certified email allows organizations to convert a high-risk situation into a controlled, documented, and defensible process. Beyond formal compliance, it provides legal peace of mind in one of the most delicate moments for any data protection officer.

In GDPR compliance, the difference between a managed incident and a serious sanction is usually in the evidence.