GDPR & Breach Notification – Finally We Will Get Some European Breach Data

Posted byOliver Rochford - 01st Nov 2017
GDPR & Breach Notification

The EU GDPR will be enforced from May 25th next year. GDPR mandates a wide variety of requirements on how data processors must manage customer and 3rd party data. Although it is not primarily focused on cybersecurity, it does contain vague requirements on security monitoring. This includes that data processors must establish a breach notification procedure, that include incident identification systems, and must be able to demonstrate that they have established an incident response plan.

GDPR and Data Breach Notification

Further, there is a requirement to be able to notify the supervisory authority of a data breach within 72 hours of becoming aware of a data breach or face a stiff financial penalty. This last requirement is of special interest beyond the impact on data processors. Because it means that for the first time, we will begin having reliable data on European breaches.

Historically, European companies have had no external requirement to be transparent about being affected by a breach. This has had the consequence that we have not had good data or an awareness of how well or badly European organizations are doing when it comes to preventing or responding to security breaches.

I am sure that if like myself, you have worked in forensics and incident response in Europe over the years, you are aware of far more breaches that are publicly disclosed. The only information available is when a breach is disclosed due to the press and law enforcement, or the impact is so great that it can’t be ignored. We also have some anonymized reports from some vendors and MSSP’s, but these are really no more than samples. While not without benefit, these also do not provide a reliable indicator, as the samples are not necessarily statistically representative This provides a false sense of how European organizations are faring compared to other regions and presents a skewed image of European security in general.

The true state of European security is an unknown and has been difficult to quantify. I have seen German articles for example that have claimed that German Security is better than the rest of the world because there are less known breaches. The absence of evidence is of course not evidence of absence. Something that has not been quantified cannot be said to be good or bad. More importantly, if you do not measure something, it cannot be improved.

It will be interesting to see whether GDPR will force European organizations to place more focus on Incident Detection and Response, and give us insight into the true state of European security.

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