1A personal data breach may, if not addressed in an appropriate and timely manner, result in physical, material or non-material damage to natural persons such as loss of control over their personal data or limitation of their rights, discrimination, identity theft or fraud, financial loss, unauthorised reversal of pseudonymisation, damage to reputation, loss of confidentiality of personal data protected by professional secrecy or any other significant economic or social disadvantage to the natural person concerned. 2Therefore, as soon as the controller becomes aware that a personal data breach has occurred, the controller should notify the personal data breach to the supervisory authority without undue delay and, where feasible, not later than 72 hours after having become aware of it, unless the controller is able to demonstrate, in accordance with the accountability principle, that the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons. 3Where such notification cannot be achieved within 72 hours, the reasons for the delay should accompany the notification and information may be provided in phases without undue further delay.
* This title is an unofficial description.
Why Recital 85 Matters for GDPR Compliance?
Recital 85 is critical for GDPR compliance because it clearly defines the risks associated with personal data breaches and establishes the urgency of responding to such incidents in a timely and structured manner. It explains that breaches can lead to serious consequences such as identity theft, financial loss, reputational damage, and loss of confidentiality, making it essential for organizations to act quickly once a breach is detected. This recital directly supports the obligation for controllers to notify supervisory authorities within 72 hours, ensuring transparency and accountability in data breach management. It also reinforces the importance of having proper incident response procedures, monitoring systems, and risk assessment mechanisms in place. Overall, Recital 85 ensures that organizations treat data breaches as high-priority events and respond in a way that protects individuals’ rights and minimizes harm.