Learn How To Report A UK GDPR Breach

Has your personal data been breached within the UK? If the answer to this question is yes, then you may want to know how to report a UK GDPR data breach. Read our guide to learn about personal data and what to do if this information is compromised.

Key Takeaways On Reporting Data Breaches Under The UK GDPR

  • The UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 are the laws pertaining to the processing of data within the UK.
  • If you’re aware of a breach involving your personal data, you should report your concerns to the organisation you suspect of compromising your personal data as soon as possible. 
  • You may complain to the Information Commissioner’s Office (ICO) if the organisation fails to respond or you aren’t satisfied with their response. The ICO protect the nation’s personal data. 
  • If you are reporting to the incident to the ICO, you must do so within three months of the last meaningful communication with the organisation. 
  • The ICO cannot pay you compensation. However, they can issue fines to organisations that fail to adhere to data protection laws.
  • If you would like to seek compensation for a breach of your personal data, if you meet the eligibility, you can do so with support from one of the No Win No Fee solicitors on our panel.

Want to discuss how reporting a compromise of your personal data can support a compensation claim? Speak to a member of our advisory team today: 

Image representing a guide on how to report a UK GDPR data breach.

Select A Section

  1. What Is The UK GDPR?
  2. How To Report A UK GDPR Breach If Your Data Was Affected
  3. Do Businesses Need To Tell Me If My Data Has Been Breached?
  4. How To Report A UK GDPR Breach At Work
  5. Is There A Deadline For Reporting A Data Breach?
  6. The Benefits Of Seeking Legal Advice After A Data Breach
  7. Can Data Breach Claims Help Me?
  8. More Information

What Is The UK GDPR?

Before discussing how to report a GDPR data breach, it’s important to understand the UK GDPR. This law, which came into force on January 1, 2021, governs how data is processed within the UK.

It is based on the EU GDPR, which was previously applied in the UK before it was enforced with some relevant changes. It sits alongside the Data Protection Act to ensure that personal data is protected in the UK. 

According to the UK GDPR and the Data Protection Act 2018, certain entities must take all steps to protect and secure the personal data they process. These entities are known as data controllers and data processors:

  • Data Controllers: The organisations which collect your data and decide the purpose for which it is to be processed (what is done to personal data, such as collecting, storing or deleting).
  • Data Processors: These are external entities which the data controllers could engage to process your data.

The Definition Of A Data Breach

 Article 4 of the UK GDPR defines personal data as any information that can directly identify an individual, alone or in conjunction with other information. Some examples are:

  • Name
  • Address
  • Personal email address
  • National Insurance number

A personal data breach is a security incident that affects the confidentiality, integrity, loss, alteration, or unauthorised access or disclosure of personal data. This breach could be accidental or deliberate.

How To Report A UK GDPR Breach If Your Data Was Affected

We’ll now discuss how to report a UK GDPR breach. The first step would be to notify the organisation you suspect of breaching your personal data. For example, you may receive suspicious phone calls leading you to believe your information was compromised. The organisation must tell you whether your personal data was involved in a data breach. However, the data controller may not be aware that a breach occurred. 

If you are not satisfied with the organisation, your next step is to go to the ICO. For example, if they refuse to investigate. You can report a personal data breach using the online form from the ICO’s website.

Complaining To The ICO

If you are reporting a personal data breach to the ICO, you must do so within three months of the last meaningful communication with the organisation.

Your complaint to the ICO must contain the following:

  • An email address for the organisation
  • Evidence of communication with the organisation, such as a copy of the complaint you made. 

Once the ICO receives your complaint, there are various possible outcomes. They may even tell the organisation to do more to resolve your complaint. Additionally, the ICO will keep a record of your complaint. 

Do Businesses Need To Tell Me If My Data Has Been Breached?

If businesses determine that there is a high risk to your rights and freedoms, they must inform you without any undue delay. They also need to report it to the ICO within 72 hours of awareness. This will allow you to protect yourself from any negative consequences. 

The data controller for that business will need to tell you:

  • Name and contact details of the data protection officer, or other contact details where information relating to the breach can be obtained.
  • The likely consequences of the breach. For example, if it involved email accounts and passwords, they may suggest that you change your password.
  • Any measures (taken or proposed) to deal with the breach and possible effects.

Businesses must frame the information in simple language while informing you about the breach and any likely consequences. Also, if a business decides not to notify you, they need to justify why they choose not to do so. They should also keep a record of data security incidents. 

Find out what types of incidents could form the basis of data breach claim by speaking to us. 

How To Report A UK GDPR Breach At Work

The organisations mentioned above also include workplaces within the UK. Data breaches at work, such as HR data breaches or ransomware attack could occur. The breach may include the personal data of employees, clients or customers, shareholders or anyone else connected to the business. Additionally, under the data protection laws, your employer needs to ensure that anyone with access to personal data is fully trained to be compliant with the legislation. 

If you wish to learn how to report a UK GDPR breach at work, here are the steps involved:

  • If you become aware of the data breach, you must alert your workplace immediately, considering the time limits discussed below. You can report the breach to the data protection officer in your workplace.
  • The above step will allow you to resolve the issue privately. You must make sure that your complaint is in written form to ensure that you have evidence for a subsequent data breach claim if the compromise involved your personal data. 
  • If and when your workplace responds, you may report the incident to the ICO if you’re not satisfied.

You can speak to our advisors for more information on data breaches at work.

Is There A Deadline For Reporting A Data Breach?

While you’re learning how to report a UK GDPR data breach, it’s essential to know the time limit as well. If you believe that your data has been breached, you must notify the organisation immediately. The organisation then has one calendar month to respond to your complaint. 

If they fail to respond to you or you aren’t satisfied with their response, you may report the incident to the ICO. This report must be filed within 3 months of your last meaningful contact with the organisation. 

Additionally, data controllers are supposed to report any serious data breaches to the ICO within 72 hours of awareness. A controller must provide a reason for any delay. Furthermore, data controllers are expected to report breaches even if they don’t yet have all the relevant details, such as how it occurred, or how many data subjects’ had their information compromised. 

If you are considering making a data breach compensation claim, you generally have up to 6 years. For more information on time limits, you can speak to our advisors.

Clock representing time limit to report UK GDPR data breach.

The Benefits Of Seeking Legal Advice After A Data Breach

Now that you know how to report a UK GDPR data breach, you must be questioning the need for a solicitor. You could be eligible to claim data breach compensation. If this is the case, a specialist data breach solicitor could help you, by:

  • Compiling evidence.
  • Calculating personal data breach compensation.
  • Simplifying complex legal language.
  • Managing official communications.
  • Providing timely updates on your case.

Why Should I Make A Claim?

You may be wondering whether it’s worth the time and effort involved in making a data breach claim. Here are some reasons why you should consider making a claim:

  • To seek regulatory action like an injunction to prevent any further breach.
  • To ensure that organisations are aware of the breach and take steps to safeguard against similar incidents in the future.
  • To seek compensation for the material (financial harm) and non-material (emotional harm) damage you’ve suffered. For example, if you have to move due to the breach, this can be very expensive. However, a claim could allow you to be reimbursed for these costs. 

You can contact us for a free case assessment to determine if you’re eligible to make a data breach claim.

Can Data Breach Claims Help Me?

The solicitors on our panel are competent and have years of experience handling data breach claims. Your data breach solicitor will guide you on how to report a UK GDPR data breach and help you navigate this complex process.

The Benefits Of A Conditional Fee Agreement

You may be concerned about the fees involved in engaging a data breach solicitor. However, the solicitors on our panel offer No Win No Fee services in the form of a Conditional Fee Agreement (CFA), which entails the following:

  • No upfront costs for your solicitor’s work involved
  • No payment for your solicitor’s services while the claim is pending or if you lose your case.
  • If you receive data breach compensation, the solicitor will deduct their success fee. The law has limited the percentage deducted to ensure maximum retention for your case.

To find out what to do if your data has been breached, contact our team now:

No Win No Fee solicitor explaining how to report UK GDPR data breach

More Information

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