Readiness assessment

Obligation

Breach Notification

Breach notification is the duty to inform the Data Protection Board and every affected individual when a personal data breach occurs.

Defined inSection 8(6)
CategoryData Lifecycle & Security
Applies toEvery Data Fiduciary after a breach

What the Act says

DPDP Act 2023, Section 8(6)

In the event of a personal data breach, the Data Fiduciary shall give the Board and each affected Data Principal, intimation of such breach in such form and manner as may be prescribed.

In plain language

After a breach, silence is not an option. The fiduciary must notify both the Board and each affected Data Principal.

The form, manner and timing are set by the Rules, which detail what the intimation must contain and how quickly it must be sent.

Example

If a database of customers is exposed, the company must tell the Board and each affected customer in the prescribed form.

Related terms

Related sections of the Act

Related Rules

Frequently asked questions

Who must be told about a breach?

Both the Data Protection Board and each affected Data Principal.

What penalty applies for not notifying?

A breach of the notification duty may attract a penalty that may extend to two hundred crore rupees.

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