Introduction

EU GDPR Breach Severity Assessment is a structured approach used by Organisations to evaluate the impact of a Personal Data Breach & determine whether notification to a Supervisory Authority & affected Individuals is required. Under the General Data Protection Regulation [GDPR], not every incident triggers notification but failures to assess severity correctly can lead to Non-Compliance & Penalties. This Article explains what EU GDPR Breach Severity Assessment involves: how severity is measured, which factors influence notification obligations & how Organisations can apply a defensible & consistent process. It also explores legal context, practical considerations & limitations while presenting balanced viewpoints for Organisations of different sizes.

Understanding Personal Data Breaches under EU GDPR

A Personal Data breach under EU GDPR refers to a Security Incident that leads to accidental or unlawful destruction, loss alteration, unauthorised disclosure of or access to Personal Data. This definition is set out by the European Commission & applies across all sectors.

Not all Breaches are equal. Losing encrypted data may pose minimal Risk while exposing unprotected health or Financial Data can cause serious harm. This difference is why EU GDPR Breach Severity Assessment is central to Compliance.

What is EU GDPR Breach Severity Assessment?

EU GDPR Breach Severity Assessment is the process of evaluating the Likelihood & severity of Risks to the rights & freedoms of natural persons following a Breach.
Think of it like a medical triage. Not every Patient needs intensive care but each one must be assessed carefully & quickly.

The Assessment helps answer key questions:

• Does the Breach pose a Risk?
• Is that Risk high?
• Who must be informed?

Legal Basis for Notification Obligations

Articles thirty-three (33) and thirty-four (34) of EU GDPR define notification duties.
If a breach is likely to result in a Risk to rights & freedoms notification to the Supervisory Authority is required within seventy-two (72) hours.
If the Risk is high, communication to affected Individuals is also required.

This legal structure makes EU GDPR Breach Severity Assessment a Compliance gateway rather than a mere internal exercise.

Factors used in EU GDPR Breach Severity Assessment

Nature of the Personal Data

Special category data such as Health Biometric or Data relating to Children generally increases severity. Basic contact details often reduce it.

Volume & Scope

A breach affecting one (1) individual is different from one affecting thousands. Scale amplifies potential harm.

Ease of Identification

If Data Subjects can be easily identified the Risk increases. Fully anonymised data lowers severity.

Consequences for Individuals

Financial loss identity theft discrimination & reputational damage are key considerations.

Mitigating Measures

Access Controls, Encryption & rapid Containment can significantly reduce severity. This highlights that EU GDPR Breach Severity Assessment is not only about what happened but also about what protections were in place.

Risk Levels & Notification Thresholds

Severity is often categorised as low, medium or high Risk.
Low Risk usually means no notification.
Medium Risk triggers Supervisory Authority notification.
High Risk requires notification to both Authorities & Individuals.

This tiered approach helps Organisations apply proportionality. However Regulators expect reasoning to be clearly documented. Unsupported conclusions are rarely accepted during Audits.

Common Challenges & Limitations

One challenge is subjectivity. Different teams may rate the same breach differently.
Another limitation is time pressure. The seventy-two (72) hour window can lead to rushed Assessments.

Some argue that EU GDPR Breach Severity Assessment places excessive burden on small Organisations. Others counter that structured Assessment protects Individuals & builds Accountability. Both views highlight the need for practical scalable Frameworks rather than rigid formulas.

Practical Steps for Organisations

• Organisations should define clear Assessment criteria in advance.
• Roles & Responsibilities must be assigned before incidents occur.
• Templates, checklists & decision trees can improve consistency.

Training staff to recognise Breaches early also strengthens EU GDPR Breach Severity Assessment outcomes. 

Conclusion

EU GDPR Breach Severity Assessment is a foundational element of responsible & lawful Breach Response. By carefully evaluating Risks, Organisations can meet Legal obligations while avoiding unnecessary notifications. A structured & documented approach supports Accountability & Trust.

Takeaways

• EU GDPR Breach Severity Assessment determines notification duties. 
• Severity depends on Risk to Rights & Freedoms. 
• Not all Breaches require notification. 
• Documentation is essential for Compliance. 
• Consistent Frameworks reduce uncertainty. 

FAQ

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