do we need to inform our customer if there has been a data breach
Usually yes, if the incident affects the service to that customer
In most cases you must report an incident to your customer, but not every incident and not to everyone. Article 21(2) of the NIS2 Directive names "incident handling" as one of the ten mandatory measures, and most customer questionnaires translate that to: do you have a process to report incidents, to whom, and within what timeframe. This is different from a legal reporting obligation to a supervisory authority — your customer's question concerns the contractual or operational arrangement between you and them, not the reporting obligation that the Cybersecurity Act will soon impose on certain entities.
A data breach that only affects your own internal systems and does not affect any data or service of that customer often falls outside the arrangement. Once the incident does affect data, systems or deliveries that are relevant to that customer, reporting is obvious — often within the timeframe set out in the contract or the data processing agreement, not within a timeframe we can state here. So first check what has been agreed in your own agreement with that customer, as that takes precedence over a general answer in a questionnaire.
What the evidence is and what you answer without procedure
The underlying evidence is the procedure for handling security incidents: it states who internally decides whether something must be reported, to whom, and within what timeframe. If you have not documented that procedure, then "no" is the factually correct answer — a yes without a document will not stand up to an audit. Customers who ask this question often also ask in the same questionnaire about policy for risk analysis and the security of information systems, because incident handling in Article 21(2) NIS2 and in Annex A of ISO/IEC 27001 is seen as a related part of the security policy, not as a separate process.
What this is based on
- Directive (EU) 2022/2555 (NIS2), Article 21(2) — the ten measures
- ISO/IEC 27001 — Annex A, the control measures
- Cybersecurity Act — the Dutch transposition of NIS2, entering into force 15 August 2026
The regulation itself is on EUR-Lex. We refer for each claim; you do not have to take our word for it.
What you concretely need to do
The implementation of each obligation, with the deadlines involved and the templates for recording it, is included in the subscription.
View the subscription First the free quick-scanThis is not legal advice. This page provides general information on the regulations this platform covers. We do not know your situation. If in doubt about your own case, consult a lawyer or the competent supervisory authority.
Written with AI based on the sources above, checked by a human on 2026-09-05. Is something incorrect? Let us know — corrections receive priority.