Data Breach Response Framework for SMEs

Section 8(6) of DPDPA requires Data Fiduciaries to notify the Data Protection Board and affected Data Principals of personal data breaches. The notification must be provided in such form and manner as may be prescribed. While specific timeframes are established in the Rules, organizations should prepare to respond rapidly. Notification obligations apply to breaches that pose risk to Data Principals, considering the nature and extent of the breach, the types of data involved, and the potential consequences for affected individuals.

Effective breach response begins with detection. Many breaches go undetected for extended periods, significantly increasing harm. SMEs should implement monitoring appropriate to their technical environment and risk profile. This includes log monitoring and analysis, intrusion detection systems, user behavior analytics, data loss prevention tools, and regular security assessments. Employee awareness also plays a crucial role, as many breaches are first noticed by staff who observe unusual activity.

When a potential breach is detected, rapid assessment determines the appropriate response. Assessment should establish what happened, what data was affected, how many individuals are impacted, what harm may result, and whether the breach is ongoing. Initial assessment enables triage decisions about containment priorities and notification requirements. Assessment should be documented contemporaneously, as this documentation will be essential for regulatory reporting and any subsequent investigation.

Once a breach is confirmed, containment prevents further data exposure while remediation addresses the underlying vulnerability. Containment may involve isolating affected systems, revoking compromised credentials, blocking malicious access, or taking systems offline temporarily. Remediation addresses the root cause, which may require patching vulnerabilities, strengthening access controls, or addressing process failures. Both must proceed rapidly while maintaining evidence for investigation.

Notification to the Data Protection Board must include details of the breach, the data affected, the individuals impacted, and the measures taken in response. Notification to Data Principals should explain what happened, what data was affected, what actions are being taken, and what steps individuals can take to protect themselves. Communication should be clear, accurate, and avoid minimizing the incident. Multiple communication channels may be appropriate depending on the audience and severity.

After immediate response concludes, thorough review identifies lessons learned and improvements needed. Review should examine how the breach occurred, whether detection was timely, how response procedures performed, what could be done differently, and what systemic changes are needed. Findings should feed into updates to security measures, response procedures, and employee training. Post-incident review transforms adverse events into organizational learning opportunities.