GDPR and data breaches: what UK organisations need to know

UK GDPR does not expect organisations to eliminate all risk. It expects them to understand where risk exists, manage it proportionately, and respond appropriately when incidents occur. In practice, how an organisation prepares for, assesses and responds to a breach often matters as much as the breach itself.

What counts as a personal data breach?

Under UK GDPR, a personal data breach occurs when personal data is accidentally or unlawfully destroyed, lost, altered, disclosed or accessed without authorisation.

This goes well beyond cyber attacks. Common examples include:

• Emails containing personal data sent to the wrong recipient
• Lost or stolen laptops, phones or removable storage
• Staff accessing shared folders or systems without proper authorisation
• Failures or misconfigurations at suppliers or cloud platforms
• Personal data retained longer than intended and accessed inappropriately

Most breaches do not involve malicious intent. Instead, they expose weaknesses in governance, such as unclear ownership, poor data control or processes that have not kept pace with operational change.

Understanding reporting obligations

One of the most common areas of confusion is breach reporting. Not every incident must be reported to the Information Commissioner’s Office (ICO).

UK GDPR requires organisations to notify the ICO within 72 hours only where a breach is likely to result in a risk to individuals’ rights and freedoms. Where the risk is high, affected individuals must also be informed without undue delay.

To make that decision, organisations must actively assess:

• What type of personal data was involved
• How many individuals are affected
• Whether the data is sensitive or easily exploitable
• The realistic likelihood of harm
• Whether mitigation steps reduced the risk

Reporting ‘just in case’ when the breach is unlikely to pose a risk can create unnecessary disruption. The ICO expects organisations to assess the likely risk to individuals, decide proportionately, and document the reasoning — whether they notify or not.

Documentation and accountability

Regardless of whether an incident is reported externally, UK GDPR requires organisations to record all personal data breaches internally.

That record should clearly show:

• What happened and when it was identified
• How the organisation assessed the risk
• What actions were taken to contain or mitigate the issue
• Why the breach was reported, or why it was not

This documentation matters. When regulators or clients review an incident, they look for evidence of timely, considered decision-making, not hindsight perfection.

Why breaches often point to deeper problems

In many cases, a breach is not a one-off failure. It exposes underlying issues such as:

• Unclear ownership of systems or data
• Excessive or outdated access permissions
• Legacy platforms still holding live personal data
• Informal workarounds becoming standard practice
• Suppliers processing data without sufficient oversight

These risks tend to develop gradually as organisations grow, restructure or adopt new tools. Without regular review, gaps emerge between written policies and how data is actually handled day to day.

Preparing for incidents before they happen

Organisations that handle breaches well rarely improvise. They usually have:

• Clear escalation routes
• Named decision-makers
• Staff who understand what might constitute a breach
• Confidence to pause activity and seek advice early

Preparation does not require complex plans or heavy bureaucracy. It requires clarity: who flags an issue, who decides next steps, and how decisions are recorded. Training plays a critical role here. Staff need to escalate concerns early, without fear of blame.

Managing incidents calmly and proportionately

When an incident occurs, speed matters — but so does control. Decisions driven by panic or fear of fines often create further risk.

A structured response allows organisations to:

• Contain issues quickly
• Assess risk realistically
• Avoid unnecessary escalation
• Document decisions clearly and defensibly

Accountability always remains with the organisation. External advisers can support judgement, but responsibility for compliance cannot be delegated.

How JVR Consultancy supports incident readiness

JVR Consultancy supports organisations in building confidence around breach readiness and incident response.

This includes reviewing how potential breaches are identified and escalated, advising on reporting thresholds, supporting decision-making under time pressure and helping organisations document their reasoning clearly during client or regulatory scrutiny.

The focus is not reactive firefighting, but equipping organisations to assess risk accurately and act decisively. By grounding GDPR compliance in operational reality, JVR helps organisations reduce uncertainty, avoid over-reaction and build resilience into everyday governance.