UK GDPR Article 33 — personal data breach notification
Report to: the Information Commission (Art. 33(1) as retained and amended — “the Commission” in the retained text, defined by DPA 2018 s. 3(8A))
- within 72 hoursNotify the Information CommissionUK GDPR Art. 33(1)Owed only if this incident is a personal-data breach, and not owed where the breach is "unlikely to result in a risk to the rights and freedoms of natural persons" (Art. 33(1)). Many incidents are neither. This stage is shown on every incident because nothing here can tell which yours is — decide it on the facts, and document the decision either way, because Art. 33(5) requires you to.
Also owed under the same instrument, with no fixed deadline: Telling the people whose data it was (UK GDPR Art. 34); Documenting every breach, including the ones you do not report (UK GDPR Art. 33(5)); If you are a processor, your clock is different (UK GDPR Art. 33(2)).
A personal-data breach duty runs ALONGSIDE any sectoral incident-reporting duty, never instead of it. Where an incident is both a personal-data breach and a reportable security incident, you owe both notifications, to two different authorities, and filing one does not discharge the other. The 72-hour figure is a coincidence of drafting: the two clocks have different triggers, different recipients and different content requirements.
The UK GDPR is the EU Regulation as retained in UK domestic law and amended for EU exit, not the EU Regulation itself. The 72-hour window is the same; the authority and the internal cross-references are not. If you process personal data of people in the Union as well, the EU Regulation can apply to that processing in parallel under its Art. 3(2), and then you may owe a notification in each jurisdiction. Nothing here works out which of your processing falls on which side.