Artifact GuideUKBreach Workflow

UK GDPR Breach Workflow

Contain the incident, establish when the controller became aware, assess the risk to people, and notify the ICO within 72 hours when Article 33 requires it.

Use this guide for implementation planning, not as a substitute for checking the consolidated UK GDPR, applicable Data Protection Act 2018 provisions, current ICO guidance, contracts, and the facts of the processing.

Author
Sorena AI
Published
May 9, 2026
Updated
Jul 25, 2026
Sections
3

Structured answer sets in this page tree.

Primary sources
4

Cited legal and guidance references.

Publication metadata
Sorena AI
Published May 9, 2026
Updated Jul 25, 2026
Overview

A UK GDPR breach workflow must distinguish a security incident from a , start the controller's awareness timeline, assess risk to people, and route three separate outcomes: ICO notification, communication to affected people, and the internal breach record. Every personal data breach must be documented, even when notification is not required.

Section 1

How should a Breach Workflow run under the UK GDPR?

Start when anyone reports loss, alteration, unauthorised disclosure or access, or loss of availability involving personal data. Contain the incident without destroying evidence. The controller is aware when it has a reasonable degree of certainty that a security incident has compromised personal data; record that timestamp and the facts supporting it.

Notify the ICO unless the breach is unlikely to result in a risk to people's rights and freedoms. The deadline is without undue delay and, where feasible, no later than 72 hours after awareness. If the facts are incomplete, submit the available Article 33 information and provide the rest in phases without undue further delay.

Apply the thresholds to the likely consequences for people, not only to the incident's technical severity or cost to the organisation. For example, ICO guidance says theft of a customer database that could enable identity fraud is likely to be reportable, while loss or inappropriate alteration of a staff telephone list would not normally require notification. These examples illustrate the test; the data, exposure, safeguards, affected people, and likely harm in the actual incident control the decision.

Run the Article 34 decision separately. A breach likely to create a high risk requires direct communication to affected people without undue delay. The message must describe the breach in clear language, give the DPO or other contact point, explain likely consequences and measures, and should give practical protection steps. Individual communication is not required where effective measures such as encryption made the data unintelligible, later measures removed the likely high risk, or direct contact would involve disproportionate effort and an equally effective public or similar communication is used.

  • Incident lead: contain the incident, preserve logs and messages, identify affected systems, and establish whether personal data confidentiality, integrity, or availability was compromised.
  • Privacy or legal owner: assess the likelihood and severity of physical, material, or non-material harm using the data's sensitivity, volume, identifiability, affected people, exposure, and effective safeguards.
  • Controller: notify the ICO when risk is likely; include the breach nature, approximate people and records where possible, contact point, likely consequences, and measures taken or proposed.
  • Controller: separately inform affected people without undue delay when the breach is likely to create a high risk, unless an Article 34 exception applies.
  • Processor: notify the controller without undue delay after awareness and supply the facts needed for the controller's decisions; Article 33 does not give the processor a separate 72-hour ICO deadline.
  • Record owner: document every , its facts, effects, remedial action, notification decisions, phased updates, and reasons for any delay.
  • Decision outcome: close a non-breach security incident with the classification evidence; retain a non-reportable breach in the Article 33 record; or preserve the ICO receipt, phased updates, affected-person communication, exceptions, and follow-up actions for a reportable breach.
Section 2

What fields should the Breach Workflow template capture?

The record should let a reviewer reconstruct what happened, when the controller became aware, which risk facts were known at each decision, and why the controller reported, did not report, or informed people.

  • Intake and timeline: reporter, discovery time, controller-awareness time, incident events, affected systems, containment steps, and evidence locations.
  • Scope: controller and processor roles, personal data and records affected, categories and approximate number of people, geography, recipients, and onward disclosures.
  • Risk: possible consequences for people, likelihood, severity, vulnerable groups, security measures already applied, and the reasoned Article 33 and Article 34 conclusions.
  • Action: ICO submission reference and time, information still outstanding, phased-update dates, individual communications or applicable exception, remediation owner, and review date.
  • Communication evidence: approved plain-language message, contact point, likely consequences, measures, protection advice, recipient method, delivery result, and any public-communication rationale.
Section 3

How should teams review and improve the Breach Workflow?

Review the workflow after each material incident and after changes to systems, processors, escalation contacts, the ICO reporting route, or regulator guidance. A post-incident review should test detection, awareness escalation, the risk method, evidence preservation, notification quality, and corrective actions.

  • Test that staff and processors can reach the incident lead outside normal working hours.
  • Measure the time from detection to controller awareness, risk decision, containment, and any notification.
  • Update intake fields when investigations repeatedly lack affected-person counts, data sensitivity, exposure evidence, or ownership.
  • Track corrective actions to completion and link them to the breach record.
Primary sources

References and citations

legislation.gov.uk
Referenced sections
  • Binding definitions and duties for breach classification, processor escalation, ICO notification, affected-person communication, exceptions, phased reporting, and records.
ico.org.uk
Referenced sections
  • ICO guidance supports the breach workflow triage, reporting threshold, 72-hour notification, individual-notice, and breach-record steps.
ico.org.uk
Referenced sections
  • ICO self-assessment guidance supports the workflow decision on whether a breach is likely to risk people's rights and freedoms.
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