Art. 35 Infringements entailing a personal data breach | NIS 2 directive |

1. Where the competent authoritiesas defined in Article 46 become aware in the course of supervision or enforcement that the infringement by an essential or important entity means a natural or legal person created and recognised as such under the national law of its place of establishment, which may, acting under its own name, exercise rights and be subject to obligations; of the obligations laid down in Articles 21 and 23 of this Directive can entail a personal data breach, as defined in Article 4, point (12), of Regulation (EU) 2016/679 which is to be notified pursuant to Article 33 of that Regulation, they shall, without undue delay, inform the supervisory authorities as referred to in Article 55 or 56 of that Regulation.
1. Where the supervisory authorities as referred to in Article 55 or 56 of Regulation (EU) 2016/679 impose an administrative fine pursuant to Article 58(2), point (i), of that Regulation, the competent authoritiesas defined in Article 46 shall not impose an administrative fine pursuant to Article 34 of this Directive for an infringement referred to in paragraph 1 of this Article arising from the same conduct as that which was the subject of the administrative fine under Article 58(2), point (i), of Regulation (EU) 2016/679. The competent authoritiesas defined in Article 46 may, however, impose the enforcement measures provided for in Article 32(4), points (a) to (h), Article 32(5) and Article 33(4), points (a) to (g), of this Directive.
1. Where the supervisory authority competent pursuant to Regulation (EU) 2016/679 is established in another Member State than the competent authorityas defined in Article 46, the competent authorityas defined in Article 46 shall inform the supervisory authority established in its own Member State of the potential data breach referred to in paragraph 1.