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In forceAmended2020 Revised Edition

Part 6A · Notification of Data Breaches

26C. Duty to conduct assessment of data breach

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In plain English

This section covers data breaches on or after 1 February 2021. An organisation that suspects a breach of personal data it holds must promptly assess whether the breach is notifiable. Unless an exception applies, a data intermediary must promptly report a breach to the organisation it processes data for, which must assess it.

Summary · Drafted with AI, checked against the official text on 30 Sep 2026.

Amended

Last amended by an amending law of 2020.

(1)

This section applies to a data breach that occurs on or after 1 February 2021.

(2)

Subject to subsection (3), where an organisation has reason to believe that a data breach affecting personal data in its possession or under its control has occurred, the organisation must conduct, in a reasonable and expeditious manner, an assessment of whether the data breach is a notifiable data breach.

(3)

Where a data intermediary (other than a data intermediary mentioned in section 26E) has reason to believe that a data breach has occurred in relation to personal data that the data intermediary is processing on behalf of and for the purposes of another organisation —

(a)

the data intermediary must, without undue delay, notify that other organisation of the occurrence of the data breach; and

(b)

that other organisation must, upon notification by the data intermediary, conduct an assessment of whether the data breach is a notifiable data breach.

(4)

The organisation must carry out the assessment mentioned in subsection (2) or (3)(b) in accordance with any prescribed requirements.

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Part 9

Do Not Call Registry

Part 9A

Dictionary Attacks and Address‑Harvesting Software

Part 9B

Offences Affecting Personal Data and Anonymised Information

Part 9C

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Part 9D

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Part 10

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