Data Breach? I'll Help You Respond Quickly, Notify Correctly and Limit Your Liability

A data breach is a crisis that demands immediate legal action, not a slow bureaucratic response. When personal data is compromised — whether through a cyber attack, accidental disclosure, ransomware, insider threat, or system misconfiguration — the ICO's 72-hour notification window starts running immediately, and the decisions made in those first hours determine both the legal exposure and the reputational damage that follows. I advise businesses, charities, and organisations on data breach response from the moment of discovery, providing rapid legal assessment, notification strategy, and ongoing compliance support. My first priority when instructed on a breach is to assess whether the incident triggers mandatory notification to the ICO under Article 33 GDPR and direct notification to affected individuals under Article 34. Not every breach requires notification — the assessment turns on the risk to individuals' rights and freedoms, and a careful legal analysis at the outset can prevent unnecessary notifications that create reputational damage disproportionate to the actual risk. Where notification is required, I prepare the ICO report and draft individual notifications that are accurate, appropriately worded, and legally compliant. Beyond the immediate notification obligation, I advise on the wider legal landscape following a breach: potential ICO enforcement action and how to engage with the regulator constructively, civil claims from affected individuals, contractual liability to customers and processors under data processing agreements, and cyber insurance policy notification requirements. I also advise on the remediation steps required to prevent recurrence and to demonstrate accountability to the ICO — the regulator expects not just notification but evidence of a proportionate response. How It Works 1. Breach facts reviewed and notification obligation assessed within hours 2. ICO notification prepared and submitted within 72-hour window 3. Affected individual notifications drafted if required 4. Regulatory correspondence managed through ICO investigation 5. Civil claim and insurance notification strategy advised What You Get - Rapid 72-hour notification obligation assessment - ICO breach report prepared and submitted - Individual notification letters compliant with Article 34 GDPR - ICO investigation management and enforcement defence FAQ Q: How quickly must I notify the ICO after a breach? A: Within 72 hours of becoming aware of the breach — unless you can demonstrate it is unlikely to result in a risk to individuals' rights and freedoms. Q: What happens if I miss the 72-hour notification window? A: Late notification attracts an explanation requirement and potentially a fine. However, demonstrating that you acted promptly once you became aware can mitigate the consequences. Q: Can affected individuals sue me for a data breach? A: Yes — under Article 82 GDPR and the Data Protection Act 2018, individuals can claim compensation for material and non-material damage caused by a breach.