There are significant costs to an organisation in the event of a data breach both financially and reputational damage. Mitigation is entirely possible. Privacy Consultants are here to advise you in relation to breach and security policies and protocols. Foresight and preparation is key in the event of a breach, not hindsight.
Why are organisations – everywhere, in such a tizzy about the introduction of the GDPR? It’s simple, the fines for a data breach are hard hitting. And with increased awareness among individuals as to what their rights are and what a data breach consists of – data subjects are more vigilant than ever.
Significant increases in sanctions were introduced with the GDPR, where a data breach is deemed to have occurred, including:
- Up to 2% of annual worldwide turnover (in previous year) or €10m (whichever greater) for breaches relating to internal record-keeping, data processor contracts, data security and breach notification, data protection officers, and data protection by design and data protection by default
- Up to 4% of annual worldwide turnover or €20m (whichever greater) for breaching the data protection principles, conditions for consent, individuals’ rights, and international data transfers
- The DPC powers to investigate and audit are significantly increased
- Individuals’ rights to sue for material and immaterial damage have been introduced
- New powers have been introduced to consumer groups to sue data controllers and processors thought to be in breach
The GDPR introduces a duty on all organisations to report data breaches to the Data Protection Commissioners Office and in some cases, to individuals. The Data Protection Commissioner must be notified of a breach where it is likely to result in a risk to the rights and freedoms of individuals – if, for example, it could result in discrimination, damage to reputation, financial loss, loss of confidentiality or any other significant economic or social disadvantage.
Where a breach is likely to result in a high risk to the rights and freedoms of individuals, you will also have to notify those concerned directly in most cases.
Failure to report a breach when required to do so could result in a fine, as well as a fine for the breach itself.
Whatever you need, Privacy Consultants have you covered.
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