Handling Data Breaches Under EU GDPR: A Step-by-Step Guide

Data breaches are an unfortunate reality in today's digital landscape. When a breach involves the personal data of EU residents, the EU's General Data Protection Regulation (GDPR) comes into play. This means strict reporting timelines, potential fines, and reputational harm. Let's break down how to respond effectively to a personal data breach within the GDPR framework.


Key Roles and Responsibilities

  • Security Incident Team: Reports the suspected breach immediately to the Data Protection Officer (DPO).
  • Data Protection Officer (DPO): Assesses the risk to individuals' rights and freedoms. Notifies the Data Protection Authority (DPA) and, if necessary, the affected individuals. Collaborates with the organization's public relations team for communication.
  • Processor's DPO: Notifies the controller of the breach as per the terms of their contract.

Action Plan for Data Breach Response

  1. Inform the DPO: Immediate notification is crucial upon discovery of a breach.
  2. Assess Scope and Impact: Quickly determine:
    • Confirmation of personal data breach
    • Estimated number of individuals affected
    • Types of data compromised
    • Existing security measures in place
  3. Notify Relevant Parties:
    • Controller's DPO: Notifies the DPA within 72 hours if the risk to individuals is high. Notifies affected individuals if necessary.
    • Processor's DPO: Notifies the controller promptly.
    • Notifications should include: DPO contact details, breach description, likely consequences, and actions taken/proposed.
  4. Containment and Further Investigation: While notifications are underway, work to:
    • Mitigate the breach and prevent further unauthorized access.
    • Refine the scope of the breach, including the number of individuals and types of data exposed. Update relevant parties as needed.
  5. Review and Monitor: Once the breach is contained, thoroughly review existing security measures. Identify and implement improvements to prevent future incidents. Maintain thorough documentation throughout.

Proactive Preparation is Key

The financial and reputational damage from data breaches can be severe. Don't wait for a crisis – establish a robust data breach response plan and notification templates in advance.


~ By Pakhi Garg

(Co-founder, WCSF) 

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