What Should I Do if There’s a Data Breach in My Company?

Experiencing a data breach can be a daunting challenge, but with the right approach, you can manage the situation effectively and minimise the damage. Here’s a practical guide to help your business navigate the process.

Step 1: Stay Focused

While it’s natural to feel overwhelmed, it’s crucial to stay calm and think clearly. The breach has already occurred, so your priority should be understanding the issue and preventing it from happening again. Many breaches don't result in serious penalties, and regulators like the ICO often prioritise helping companies strengthen their security.

Step 2: Log the Incident and Begin the Clock

If the breach is serious enough, you have a legal obligation to report it to the ICO within 72 hours. Start documenting everything right away by noting down when you discovered the breach, who is affected, what data is involved, and the actions you’ve taken. This log will help you assess whether the breach needs to be reported and will also form the basis of your report if necessary.

Step 3: Gather Key Information

Quickly collect all relevant facts about the breach. Identify what data was compromised, how many individuals are affected, and the sequence of events that led to the breach. Record this information in your log and update it as more details emerge. This will give you a clear understanding of the scope and help you respond effectively.

Step 4: Take Immediate Action to Contain the Breach

Your first priority should be to limit the damage. If the data was sent to the wrong person, request they delete or return it securely. If it's lost, retrace your steps to recover it. For cyber breaches, change all passwords immediately and ensure staff do the same. If a device is stolen, remotely wipe it to prevent unauthorised access.

Step 5: Evaluate the Potential Risk

Next, consider the potential harm to those whose data has been compromised. Could this lead to identity theft, financial loss, or emotional distress? If the risk seems low like sending a harmless email to the wrong person, you may not need to report it. However, for more serious breaches, assess the severity from the perspective of the affected individuals.

Step 6: Communicate with Those Impacted

If the breach poses a significant risk, you must inform those affected as soon as possible. Provide them with clear instructions on how to protect themselves, such as updating passwords or monitoring for suspicious activity. Even if the risk is low, it may still be helpful to notify them, but avoid causing unnecessary alarm.

Step 7: Submit Your Report to the ICO (If Required)

If the breach is reportable, submit a detailed report to the ICO within 72 hours of discovering it. Include the facts about what happened, your assessment of the risks, and the actions you’ve taken to mitigate the impact. If you’re unsure whether the breach is reportable, use the ICO’s self-assessment tool or contact their helpline.

Proactive Measures After a Breach

• Monitor for Ongoing Risks: After the breach is contained, keep an eye out for any further suspicious activity. Notify customers or clients if their information may have been compromised.

• Secure Your Business Accounts: Update all passwords and enable two-factor authentication for additional security. Use unique passwords across different accounts to prevent further issues.

• Consider Fraud Alerts: If personal data has been compromised, advise affected individuals to place fraud alerts on their credit reports to help prevent identity theft.

• Track Financial and Credit Activity: Encourage ongoing monitoring of bank accounts and credit reports to spot any unusual activity early and reduce the risk of fraud.

• Implement Credit Freezes or Locks: For sensitive data like social security numbers, recommend that affected individuals freeze their credit files to prevent new accounts from being opened fraudulently.

Managing a data breach may seem daunting, but with a calm, structured approach, you can reduce the potential harm. By gathering facts, containing the breach, communicating effectively, and reporting where necessary, you can protect both your business and those affected.

How Can Gerrish Legal Help?

Gerrish Legal is a dynamic digital law firm. We pride ourselves on giving high-quality and expert legal advice to our valued clients. We specialise in many aspects of digital law such as GDPR, data privacy, digital and technology law, commercial law, and intellectual property. 

We give companies the support they need to successfully and confidently run their businesses whilst complying with legal regulations without the burdens of keeping up with ever-changing digital requirements. 

We are here to help you, get in contact with us today for more information.