The need for proactive breach detection and response

Among new data protection requirements introduced by the GDPR is the need to take appropriate measures to detect and report data breaches leading to the ‘accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed.’

If not addressed in an appropriate and timely manner, a breach has the potential to result in affected individuals suffering financial and reputational damage.

The GDPR recognises the need for organisations to be more transparent about data compromises and to this end makes it a requirement for all controllers and processors to implement appropriate procedures to detect breaches and also report them to a relevant supervisory authority within 72 hours. In instances where there is a high risk to the rights and freedoms of individuals, those concerned must also be directly notified.