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Does this actually count as a data breach?

Many small incidents fall under the definition. Good to know the rules before you accidentally skip a duty to report.

Try this first

  1. 1Definition: a security breach that accidentally or deliberately leads to destruction, loss, alteration, unwanted disclosure or access to personal data.
  2. 2Examples that count: lost laptop, mail to wrong recipient with customer data, hacked account, ransomware on a fileserver with personal data.
  3. 3Examples that usually do not: a colleague accidentally sees an open mail from another, or a paper without personal data blows away.
  4. 4Edge cases: a lost backup tape you know is encrypted. No risk = usually no duty to report, but register internally.
  5. 5Always store in your internal breach register. Even 'small' leaks. The DPA can request this in an audit.

When to bring us in

Not sure if a specific case counts? Do not guess. We have a regular GDPR lawyer who can do a short review at a reasonable rate. Much cheaper than a fine.

See also

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