Search

How can we help?

Icon

GDPR: the ICO attempts to clarify obligation to report serious data breaches

Faced with misleading press stories, the ICO has been addressing misconceptions about the GDPR by publishing myth busting blogs, including on the new requirement to report serious breaches of personal data.

Not all personal data breaches will need to be reported to the ICO, only if a risk to people’s rights and freedoms is likely.  The ICO does not give strict instructions of what incidents are serious enough to report but reiterates it is when people may suffer a significant detriment such as damage to reputation or financial loss. The ICO has encouraged all organisations to look at the types of incidents they could face to develop a sense of what would be serious.

Although the requirement to report a serious breach is without undue delay and where feasible within 72 hours, they don’t expect a full final report with all details within this time. The ICO have said that fines will be proportionate and will not be issued for every failure (although only time will tell what this will mean in practice). They remind firms that the point of the GDPR is not to punish organisations but to encourage companies to improve their ability to prevent breaches.

Under the current data protection law, reporting is best practice anyway even if not mandatory. Involving the ICO early can ensure the firm receives the best guidance and mitigate any fines issued.

Under the current data protection law, reporting is best practice anyway even if not mandatory. Involving the ICO early can ensure the firm receives the best guidance and mitigate any fines issued.

Organisations are encouraged to start planning now to ensure roles and processes are in place for when GDPR comes into effect in May 2018.

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website

Author profile

About this article

Read, listen and watch our latest insights

art
  • 29 April 2026
  • Privacy and Data Protection

UK Data Protection – what’s new?

Having come into force on 19 June 2025, it comes as no surprise that we are now seeing the effects of the Data (Use and Access) Act 2025 (‘DUAA’). This article highlights a few of DUAA’s fundamental reforms, delves into one in particular, and examines how this will impact the recruitment sphere.

art
  • 29 April 2026
  • Employment

Employment Rights Act: Changing key contract terms will be harder from January 2027

The Employment Rights Act 2025 (“ERA 2025”) introduces a new regime that restricts how employers can change certain core contractual terms, with the key provisions now expected to commence on 1 January 2027.

art
  • 28 April 2026
  • Immigration

Proposed expansion of right to work checks from 1 October 2026: what employers need to know

The Home Office has published a consultation on a draft Code of Practice addressing how employers can avoid unlawful discrimination while preventing illegal working. The draft indicates a planned expansion of right to work (RTW) check obligations to take effect from 1 October 2026.

Pub
  • 27 April 2026
  • Corporate and M&A

Quarterly Insights: Key Corporate & Commercial Topics – Q2 2026

Join Stuart Mullins and Emma Docking as they explore key corporate and commercial topics, including SME growth and exit strategies for 2026, EMI schemes for employee incentives, and the importance of drag along and tag along rights.

art
  • 22 April 2026
  • Commercial Real Estate

Historic rent reviews: A warning for tenants

We have been asked whether a landlord is able to operate historic rent reviews. 

art
  • 14 April 2026
  • Employment

Updates to Vento Bands 2026: Injury to feelings awards

For discrimination and detriment cases, compensation can also cover non-financial losses, which, in most cases, will include an injury to feelings award.