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UK GDPR: Data Breach Response: does it apply to you?

UK General Data Protection Regulation (UK GDPR), Article 33

When this applies

If you suffer a data breach (e.g. a hack, accidental disclosure, or lost device), you may need to report it to the ICO within 72 hours. You should document a basic response procedure before a breach happens, not after.

When it does not apply

Data breach reporting obligations apply to controllers of personal data. Not applicable if you do not hold personal data.

What is at stake

Failure to report a notifiable breach within 72 hours is itself a breach. Fines up to £17.5M or 4% of global turnover.

What to do

Document a basic breach response procedure. Know that personal data breaches likely to result in risk to individuals must be reported to the ICO within 72 hours.

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Reviewed: 2026-06-25  ·  Source: official guidance