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A data breach can throw your business into chaos. One moment everything’s running smoothly, the next you’re facing a potential ICO investigation, worried customers, and a ticking 72-hour clock to report the incident.
We get it. When personal data has been compromised, you need clear advice fast, not legal jargon or endless caveats. Our data breach solicitors help businesses across Wales and the UK respond quickly, meet their legal obligations, and protect their reputation when things go wrong.
Get a free, no-obligation chat with our data protection team, call us on 02920 829 100 or use our Contact us form.
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Discovering a data breach is stressful. Whether it’s a cyber attack, an email sent to the wrong person, a lost laptop, or employees having unauthorised access to information they shouldn’t, your next steps are critical.
Under data protection laws, you may have just 72 hours to report certain breaches to the Information Commissioner’s Office (ICO). Miss that deadline without good reason and you’re already on the back foot. Get it wrong and the consequences can be severe: fines of up to £17.5 million or 4% of your annual global turnover, plus the reputational damage that can follow.
But here’s the thing. Not every incident needs reporting. Not every breach requires you to contact affected individuals. And the way you handle the situation can make a real difference to how the ICO views your organisation.
That’s where we come in. We help you assess what’s happened, work out what you’re legally required to do, and guide you through each step of the response. No panic, no confusion, just practical advice when you need it most.
Dealing with a breach right now? Call us on 02920 829 100 or use our Contact us form.
When you discover a potential breach, the first question is: what are we actually dealing with? We help you quickly assess the situation, identify what data has been affected, and understand your legal obligations. This initial triage is crucial for making the right decisions under pressure.
If your breach needs reporting to the ICO, we’ll help you get the notification right. We draft clear, accurate reports that include everything the regulator expects, and we make sure you meet the 72-hour deadline. If you need more time to investigate, we’ll explain why to the ICO in a way that protects your position.
Some breaches require you to tell the people whose data has been compromised. Getting this communication right matters. We help you decide who needs to be told, what to say, and how to say it in a way that’s legally compliant while protecting your relationship with customers, employees, or other stakeholders.
If the ICO decides to investigate, we’re with you throughout. We’ve helped organisations respond to regulatory enquiries and know what investigators are looking for. We’ll help you provide the right information, avoid common mistakes, and work towards the best possible outcome.
The best time to prepare for a breach is before it happens. We help organisations create practical breach response procedures, so when an incident occurs, everyone knows what to do. A good plan can be the difference between a contained incident and a full-blown crisis.
Your people are often your first line of defence and your biggest vulnerability. We deliver practical training that helps staff recognise potential breaches, understand reporting procedures, and respond appropriately when something goes wrong.
Data breaches often involve cyber attacks: ransomware, phishing, hacking, or other security incidents. We work alongside your IT team and, where needed, specialist cyber security consultants to ensure you’re meeting your legal obligations while the technical response unfolds.
When you’re dealing with a data breach, you can’t afford to wait for callbacks or navigate layers of gatekeepers. You’ll have direct access to the solicitor handling your matter, including their direct dial. Our clients tell us this responsiveness makes all the difference in time-sensitive situations.
Data breaches often raise issues across different legal areas: employment law, commercial contracts, regulatory matters, and more. Our solicitors share knowledge across departments and can bring in colleagues quickly when needed. You get rounded advice that considers the full picture.
We invest in getting to know our clients. That matters when a crisis hits. If we already understand your business, your systems, and your data processing activities, we can respond more effectively when something goes wrong.
In a breach situation, you need honest advice about your options and their risks. We’ll tell you what you need to do, what you should consider doing, and what’s optional. No unnecessary hedging, just practical guidance that helps you make informed decisions quickly.
We’re the leading commercial law firm with offices in South and North Wales offering Welsh language legal services at every level. If you need to discuss a breach situation in Welsh, you can do that with solicitors who actually handle your matter, not just administrative staff.
Your first priority is stopping ongoing damage. This might mean isolating affected systems, revoking access credentials, or recovering lost devices. Don’t destroy evidence, but do take immediate steps to prevent further data loss.
Work out what data has been affected, how many people are involved, and what the likely consequences might be. This assessment determines your notification obligations and shapes your response strategy.
Before you report to the ICO or contact affected individuals, get advice on your obligations. Not every breach needs reporting, and how you present the situation matters. We can help you make these decisions quickly and confidently.
If the breach meets the reporting threshold, you must notify the ICO within 72 hours of becoming aware of it. We help you prepare accurate, complete notifications that present your organisation in the best light while meeting legal requirements.
If the breach poses a high risk to people’s rights and freedoms, you must tell them directly. We help you craft communications that are legally compliant, clear, and appropriately reassuring.
Keep detailed records of the breach and your response. This documentation is a requirement under data protection laws and demonstrates to the ICO that you took the incident seriously and responded appropriately.
Once the immediate crisis is over, review what happened and why. Update your procedures, address vulnerabilities, and strengthen your defences against future incidents.
A personal data breach is any security incident that leads to the accidental or unlawful destruction, loss, alteration, unauthorised or accidental disclosure of, or access to, personal data. This includes obvious situations like cyber attacks or data theft, but also accidental incidents like sending an email to the wrong person, losing a laptop containing personal data, or an employee accessing records without authorisation. The key question is whether the security of personal data has been compromised.
No. You only need to report breaches that are likely to result in a risk to people’s rights and freedoms. Many minor incidents, like an email sent to the wrong person but quickly recalled, won’t meet this threshold. The decision requires careful assessment of factors including the type and sensitivity of data involved, the number of people affected, the severity of potential consequences, and whether you’ve contained the breach. We can help you make this assessment quickly and document your reasoning.
Under UK GDPR, you must notify the ICO of a reportable breach within 72 hours of becoming aware of it. This clock starts when you have enough information to believe a breach has occurred, not when your investigation is complete. If you can’t provide full details within 72 hours, you should still report what you know and provide further information as it becomes available. Missing this deadline without good reason is itself a breach of the regulations.
Failing to report a notifiable breach can result in significant fines, up to £8.7 million or 2% of your global annual turnover. Beyond the financial penalty, non-reporting can make things worse if the ICO later discovers the breach through other means. It suggests you weren’t taking your data protection obligations seriously. If you’re unsure whether to report, it’s generally safer to notify than to stay silent.
You must notify affected individuals directly when a breach is likely to result in a high risk to their rights and freedoms. This is a higher threshold than for ICO notification. Examples include breaches involving financial data that could lead to fraud, sensitive health information, or data that could result in identity theft. The notification should explain what happened, what you’re doing about it, and what steps individuals can take to protect themselves.
Your notification should include: a description of the breach (including categories and approximate numbers of individuals and records affected), contact details for your data protection officer or another point of contact, a description of the likely consequences, and a description of measures you’ve taken or propose to take to address the breach and mitigate its effects. If you don’t have all this information within 72 hours, provide what you have and update the ICO as your investigation progresses.
Yes. The ICO can issue fines for data breaches, particularly where the breach resulted from inadequate security measures, poor data protection practices, or failure to comply with notification requirements. Maximum fines can reach £17.5 million or 4% of annual worldwide turnover for the most serious infringements. However, fines aren’t automatic. The ICO considers factors including the nature and severity of the breach, whether it was intentional or negligent, what measures you had in place, and how you responded.
A good breach response procedure should cover: how staff identify and report potential breaches internally, who takes charge when a breach occurs, how you’ll assess breaches and determine notification requirements, templates for ICO notifications and individual communications, contact details for key people (including out-of-hours), and processes for documenting the breach and your response. The procedure should be practical enough that people can actually follow it under pressure.
Strong security measures are essential: encryption, access controls, regular software updates, and secure disposal of data you no longer need. Staff training is equally important, since many breaches involve human error or social engineering. Regular audits help identify vulnerabilities before they’re exploited. Having organisational measures in place which determine how you should respond to a breach means you can react quickly if something does go wrong. We can help you assess your current position and put appropriate measures in place.
A data controller determines why and how personal data is processed. A data processor processes data on behalf of a controller. If you’re a processor and discover a breach, you must notify your controller without undue delay. The controller then decides whether to notify the ICO and affected individuals. Your contract should set out breach notification requirements between you and your controller or processors, including specific timeframes.
Yes. Under UK GDPR, individuals can claim compensation if they’ve suffered material damage (like financial loss) or non-material damage (like distress) as a result of a data breach. They can bring claims through the courts, and there’s been a significant increase in data breach compensation claims in recent years. Compensation amounts vary widely depending on the circumstances, but can be substantial for serious breaches involving sensitive data.
You must document all personal data breaches, including the facts, effects, and remedial action taken. There’s no specified retention period in UK GDPR, but you should keep records long enough to demonstrate compliance if the ICO investigates, defend any claims that might arise, and learn from incidents to improve your practices. We typically recommend keeping breach records for at least six years (matching the limitation period for civil claims), longer for serious incidents.
a: 9 Cathedral Road, Cardiff, CF11 9HA
t:Â 02920 829 100
Located in the heart of Cardiff’s business district, our head office is easily accessible by car and public transport. We can provide a Cardiff registered office address for your company.
a: Unit F12, InTec, Ffordd y Parc, Parc Menai, Bangor, LL57 4FG
t:Â 01248 301 100
We help businesses throughout Wales and across the UK respond to data breaches. When a breach happens, geography matters less than speed and expertise. We can provide immediate advice by phone and video call, with face-to-face meetings when they’re helpful.
Our North Wales office means we’re particularly accessible to organisations in the region, and our Welsh language capability extends throughout the team.
If you’re dealing with a breach right now, don’t wait. The 72-hour clock may already be running, and the decisions you make in the next few hours can shape everything that follows.
Call us on 02920 829 100 or use our Contact us form.
If you’re not in crisis mode but want to be better prepared, we’re happy to discuss breach response planning, staff training, or any other data protection concerns. Get in touch for a free, no-obligation conversation about how we can help.
To speak to one of our experts today, please contact us on 02920 829 100 or by using our Contact Us form for a free initial chat to see how we can help.
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