# Article 3 — Notification to the subscriber or individual **Commission Regulation (EU) No 611/2013 · binding · OJ L 173, 26.6.2013 · dated 24 Jun 2013 [in force]** *In force · Commission Regulation (EU) No 611/2013, OJ L 173, 26.6.2013 · Checked against EUR-Lex on 26 Oct 2026 · [Official source](https://eur-lex.europa.eu/eli/reg/2013/611/oj/eng)* 1. When the personal data breach is likely to adversely affect the personal data or privacy of a subscriber or individual, the provider shall, in addition to the notification referred to in Article 2, also notify the subscriber or individual of the breach. 2. Whether a personal data breach is likely to adversely affect the personal data or privacy of a subscriber or individual shall be assessed by taking account of, in particular, the following circumstances: **(a)** the nature and content of the personal data concerned, in particular where the data concerns financial information, special categories of data referred to in Article 8(1) of Directive 95/46/EC, as well as location data, internet log files, web browsing histories, e-mail data, and itemised call lists; **(b)** the likely consequences of the personal data breach for the subscriber or individual concerned, in particular where the breach could result in identity theft or fraud, physical harm, psychological distress, humiliation or damage to reputation; and **(c)** the circumstances of the personal data breach, in particular where the data has been stolen or when the provider knows that the data are in the possession of an unauthorised third party. 3. The notification to the subscriber or individual shall be made without undue delay after the detection of the personal data breach, as set out in the third subparagraph of Article 2(2). That shall not be dependent on the notification of the personal data breach to the competent national authority, referred to in Article 2. 4. The provider shall include in its notification to the subscriber or individual the information set out in Annex II. The notification to the subscriber or individual shall be expressed in a clear and easily understandable language. The provider shall not use the notification as an opportunity to promote or advertise new or additional services. 5. In exceptional circumstances, where the notification to the subscriber or individual may put at risk the proper investigation of the personal data breach, the provider shall be permitted, after having obtained the agreement of the competent national authority, to delay the notification to the subscriber or individual until such time as the competent national authority deems it possible to notify the personal data breach in accordance with this Article. 6. The provider shall notify to the subscriber or individual the personal data breach by means of communication that ensure prompt receipt of information and that are appropriately secured according to the state of the art. The information about the breach shall be dedicated to the breach and not associated with information about another topic. 7. Where the provider having a direct contractual relationship with the end user, despite having made reasonable efforts, is unable to identify within the timeframe referred to in paragraph 3 all individuals who are likely to be adversely affected by the personal data breach, the provider may notify those individuals through advertisements in major national or regional media, in the relevant Member States, within that timeframe. These advertisements shall contain the information set out in Annex II, where necessary in a condensed form. In that case, the provider shall continue to make all reasonable efforts to identify those individuals and to notify to them the information set out in Annex II as soon as possible.