Incident ResponseUK GDPR

UK GDPR Breach Notification

Run a breach process that can decide fast, notify the ICO in time, and preserve evidence.

Article 33 and 34 duties depend on risk analysis, not on whether the full story is known in the first few hours.

Author
Sorena AI
Published
Feb 21, 2026
Updated
Feb 21, 2026
Sections
3

Structured answer sets in this page tree.

Primary sources
4

Cited legal and guidance references.

Publication metadata
Sorena AI
Published Feb 21, 2026
Updated Feb 21, 2026
Overview

The ICO expects a controller to know when it became aware of a breach, whether the breach is notifiable, and what facts were sent in the initial and follow up reports.

Section 1

When notification is required

A controller must notify the ICO without undue delay and where feasible within 72 hours of becoming aware of a notifiable personal data breach. If more time is needed, the report must explain the delay.

  • Record the time of awareness and the facts available at that moment
  • Assess confidentiality, integrity, and availability impacts separately
  • Decide whether ICO notification is required and who signs off
  • Keep an internal breach record even when the ICO is not notified
Recommended next step

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Section 2

Processor and controller workflow

A processor must tell the controller about a breach without undue delay after becoming aware of it. That duty should appear in contracts, on call playbooks, and escalation paths.

  • Set contract language for processor notice and evidence
  • Collect categories of data, affected people, systems, and likely consequences
  • Prepare an initial ICO filing and a follow up evidence pack
  • Track remediation, root cause, and lessons learned
Section 3

Communication to individuals

Article 34 requires communication to affected individuals without undue delay when the breach is likely to result in a high risk to their rights and freedoms.

  • Use plain language and tailor advice to the actual harm scenario
  • Document if encryption or later measures remove the need for direct notification
  • Retain copies of notices, scripts, and regulator submissions
  • Review security, vendor, or training changes after the incident
Primary sources

References and citations

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