Data Protection Act 2018 (c. 12) – Section 108 – Communication of a personal data breach

Sections

Section 108Communication of a personal data breach

(1) If a controller becomes aware of a serious personal data breach in relation to personal data for which the controller is responsible, the controller must notify the [^F1Commission] of the breach without undue delay.

(2) Where the notification to the [^F1Commission] is not made within 72 hours, the notification must be accompanied by reasons for the delay.

(3) Subject to subsection (4), the notification must include—

(a)
a description of the nature of the personal data breach including, where possible, the categories and approximate number of data subjects concerned and the categories and approximate number of personal data records concerned;
(b)
the name and contact details of the contact point from whom more information can be obtained;
(c)
a description of the likely consequences of the personal data breach;
(d)
a description of the measures taken or proposed to be taken by the controller to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects.

(4) Where and to the extent that it is not possible to provide all the information mentioned in subsection (3) at the same time, the information may be provided in phases without undue further delay.

(5) If a processor becomes aware of a personal data breach (in relation to data processed by the processor), the processor must notify the controller without undue delay.

(6) Subsection (1) does not apply in relation to a personal data breach if the breach also constitutes a relevant error within the meaning given by section 231(9) of the Investigatory Powers Act 2016.

(7) For the purposes of this section, a personal data breach is serious if the breach seriously interferes with the rights and freedoms of a data subject.

Amended text

This Section is shown as amended by the Data (Use and Access) Act 2025 (c. 18), among other instruments (see the annotations below) (commenced provisions as at 30 September 2026, ELI), as incorporated in the text in force on 30 September 2026 as published on legislation.gov.uk.

Annotations

Textual Amendments

F1 Word in s. 108(1)(2) substituted (30.9.2026) by The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026 (S.I. 2026/386), reg. 1(2), Sch. 2 para. 23(2)(3); S.I. 2026/1015, reg. 2(c)

Commencement Information

I1 S. 108 in force at 16.9.2019 by S.I. 2019/1188, reg. 2(f)

https://dpa2018.digiphile.law/article/article-108.html

Text as at 18 September 2026.

This is an unofficial convenience version of the Data Protection Act 2018. It is presented “as is” without guarantee of accuracy, completeness or reliability. See the source text for the official version. This site was last updated in September 2026.