Within the context of the GDPR, a response plan should be a comprehensive, well-structured set of procedures designed to quickly and effectively manage data breaches. Key elements of a GDPR-compliant response plan include the following:
Core Elements of a GDPR Response Plan
- Preparation and Risk Assessment: Identify critical assets, understand potential risks, and train the response team for readiness. Maintain an updated asset inventory and assign clear roles and responsibilities within the team.
- Incident Detection and Reporting: Implement tools and procedures for rapid breach detection and clear reporting protocols. Employees and external parties should know how to report incidents promptly.
- Rapid Containment and Eradication: Include immediate steps to contain the breach, such as isolating affected systems, disabling compromised accounts, and other measures to prevent further damage.
- Impact Assessment: Assess the scope and severity of the breach, including the types and sensitivity of data affected and the number of individuals impacted.
- Regulatory Notification: Notify the relevant supervisory authority within the GDPR-mandated timeframe of 72 hours after becoming aware of the breach, including details such as the nature of the breach, data involved, contact information, likely consequences, and remediation plans. If full information is not immediately available, initial notification must still occur within 72 hours, with subsequent updates as needed.
- Communication to Data Subjects: If the breach poses a high risk to individuals' rights and freedoms, notify affected individuals "without undue delay," providing clear details about the breach and steps to mitigate harm.
- Post-Incident Review: Conduct a review to learn from the breach, improve security controls, update policies, and test and train staff regularly to ensure continued preparedness.
- Documentation: Keep detailed records of breaches, responses, assessments, and notifications as required by GDPR accountability principles.
Response Team Composition
An effective response team should include IT/cybersecurity experts, legal counsel, communications specialists, compliance personnel, and relevant management to coordinate the response and ensure all regulatory requirements are met.
Regulatory Alignment
The plan should integrate GDPR-specific deadlines, especially the strict 72-hour reporting requirement to the supervisory authority, and the principle of notifying affected individuals when there is a high risk.
In summary, a GDPR response plan is a proactive, risk-based approach that ensures swift breach detection, containment, assessment, notification, and remediation, while maintaining clear communication and accountability throughout the process.
