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Playbook · 6 steps

Data Breach Notification

Also called: Personal data breach notification · Breach intimation · Breach reporting · Data breach reporting

6steps

Level
Expert
Reading time
About 6 min

Reviewed

Definition
The duty to report a personal-data breach promptly to India's Data Protection Board and affected users, or to a regulator within 72 hours under GDPR.

01 · How it works, in 6 steps

How does data breach notification work?

  1. 1

    Record the moment you became aware

    Note who learned what, and when, from a clock synced to NIC or NPL time. The six-hour and 72-hour periods run from awareness, and regulators will ask when it was.

  2. 2

    Contain first

    Revoke and rotate leaked access tokens and the app secret, disable compromised agent accounts, close public buckets and stop the export job — while preserving logs as evidence.

  3. 3

    Assess scope and jurisdictions

    Work out which data (numbers, names, chats, media, payment details), whose, how many people, and where they live: EU residents bring the GDPR in, Indian customers the DPDP Act.

  4. 4

    Notify regulators in deadline order

    File with CERT-In within six hours if it is a listed incident, send the DPDP intimation to the Board without delay, and notify the relevant EU authority within 72 hours where the GDPR applies.

  5. 5

    Tell the people affected

    Under the DPDP Act every affected person is told, plainly and without delay. On WhatsApp, a non-promotional utility template can carry the notice to customers you already message.

  6. 6

    Follow up and fix the cause

    Send the Board its detailed report, ask processors for their findings under your data processing agreements, and close the gap that let it happen.

02Try it

Hands-on: use the controls to work through it yourself.

Drag the clock through the first 72 hours

13 / 13

Time since it opened

86h 24m

ClosedPast 72 hours: a late GDPR notice must give reasons for the delay
Breach confirmed
Token revoked
CERT-In: 6h
Board intimation
Users notified
GDPR report filed
0h18h36h54h72hWindow closes
A breach timeline measured from the moment of awareness: CERT-In's six hours come first, the DPDP intimation and user notices follow without delay, and the GDPR's 72 hours close the window.

86h 24m in: window closed. Past 72 hours: a late GDPR notice must give reasons for the delay.

03What is data breach notification?

Data breach notification is the legal duty to tell a regulator — and, in many cases, the people affected — when personal data has been exposed, lost, altered or accessed without authority. India's Digital Personal Data Protection Act defines a personal data breach broadly: any unauthorised processing or accidental disclosure, acquisition, sharing, use, alteration or destruction of personal data, or loss of access to it, that compromises its confidentiality, integrity or availability (section 2(u)). There is no harm threshold: a breach that touches one customer's WhatsApp chats is still a breach.

Under section 8(6) and rule 7 of the DPDP Rules 2025, the data fiduciary must tell each affected data principal without delay, in plain language: what happened and when, the likely consequences, what the business is doing about it, what the person can do to protect themselves, and who to contact. The Data Protection Board gets an intimation without delay too, followed by a detailed report — the facts and cause, mitigation, findings about who caused it, remedial steps and the notices sent to users — within the deadline the Rules set, which the Board can extend on request. Failing to notify carries a penalty of up to 200 crore rupees. These duties phase in with most DPDP obligations by 2027.

Other regimes run in parallel. The GDPR requires the controller to notify its supervisory authority within 72 hours of becoming aware of a breach unless it is unlikely to result in a risk to people (article 33), to tell the individuals without undue delay when the risk is high (article 34), and requires processors to alert the controller without undue delay. India's CERT-In Directions, in force since 2022, require listed cyber incidents — data breaches and leaks among them — to be reported within six hours. One leaked token can trigger all three. Data Retention limits how much a breach can expose; Incident Management is the operational response; notification is the legal part.

Key takeaways

  • Data breach notification is the legal duty to tell a regulator, and often the affected people, that personal data was exposed, lost or misused.
  • Under the DPDP Act every personal data breach is reportable: each affected person and the Data Protection Board must be told without delay.
  • Under the GDPR, the supervisory authority must be told within 72 hours of awareness unless the breach is unlikely to create a risk.
  • In India, CERT-In separately requires listed cyber incidents, including data breaches, to be reported within six hours.
  • Failing to notify under the DPDP Act can cost up to 200 crore rupees; the duty phases in with most DPDP obligations by 2027.

04 · Key facts

Data breach notification: key facts and limits

DPDP: affected people
Each one, without delay (s. 8(6), rule 7)
DPDP: the Board
Intimation without delay, then a detailed report
DPDP penalty for not notifying
Up to 200 crore rupees
GDPR: authority
Within 72 hours of awareness (art. 33)
GDPR: individuals
Without undue delay if high risk (art. 34)
CERT-In
Listed incidents within 6 hours
DPDP rule 7 applies from
By 2027 (13 May 2027 on the notified schedule)

05Example: A leaked token at a Gurugram travel start-up

At 10:20 on a Monday a developer at a Gurugram travel start-up spots the company's WhatsApp system user token in a public code repository, pushed three days earlier. By 10:40 the token is revoked and rotated, and API logs show it was used from an unknown address to read about 2,300 media files — customer passport scans sent for visa bookings. The team files a CERT-In report before 16:20, sends the Data Protection Board its intimation the same afternoon, and because 140 of the customers live in France and Spain, it notifies the French and Spanish data protection authorities through its EU representative well inside 72 hours. Every affected customer receives a plain-language notice by WhatsApp utility template and email, explaining what was exposed, what the company has done and how to report misuse of their passport details.

06 · Mistakes to avoid

Common mistakes with data breach notification

  • Waiting for certainty before starting the clock

    Deadlines run from awareness, not from the end of the investigation. Notify with what you know and send updates; a late but complete report is still late.

  • Applying a harm threshold the DPDP Act does not have

    The GDPR lets you skip notification when risk is unlikely; the DPDP Act does not. Plan to tell every affected Indian customer and the Board for any personal data breach.

  • Assuming your BSP will notify for you

    The business that decides how data is used — the data fiduciary — carries the duty. Your processors must tell you fast, so put a breach-notice deadline in hours into each contract.

  • Sending the notice as marketing

    A breach notice wrapped in an apology coupon reads as spin and can be miscategorised. Keep it factual, non-promotional and focused on what the person should do.

07 · Why it matters

Why does data breach notification matter?

On a WhatsApp stack, the likely breaches are mundane: a System User Access Token committed to a public repository, an agent account taken over, an open storage bucket of media downloads, a CSV of contacts emailed to the wrong vendor. Each puts phone numbers, names and conversation content at risk, and the clocks start when you become aware, not when you finish investigating. Teams that have decided in advance who assesses, who files and what the customer message says meet the deadlines; teams that improvise spend the six-hour CERT-In window arguing about whether it counts.

08Data Breach Notification FAQs

Do I have to notify customers of every data breach under the DPDP Act?+
Yes. The DPDP Act has no risk threshold: every affected data principal must be told without delay, in plain language, what happened, the likely consequences, what you are doing and what they can do.
Who has to report a breach — my business or my BSP?+
Your business, as the data fiduciary. A BSP or other processor must tell you quickly under your contract, but the duty to notify the Data Protection Board and affected people sits with the business that decides how the data is used.
Does a data breach have to be reported to both CERT-In and the Data Protection Board?+
Often, yes. CERT-In's six-hour rule covers listed cyber incidents, including data breaches, and is already in force; the DPDP duty to tell the Board and affected people is separate and phases in by 2027.
What must a breach notice to affected customers contain?+
A clear account of the breach and what it means for them. Under the DPDP Rules that covers the nature, extent and timing of the breach, likely consequences, steps taken, safety steps the person can take and a contact who can answer questions.

09 · Pro tips

Best practices for data breach notification

  • Write the customer notice and the Board intimation as templates now, with blanks for facts.
  • Keep a breach register even for incidents you decide not to report under the GDPR, with your reasoning.
  • Run a tabletop exercise on a leaked WhatsApp token once a year.
  • Limit how long you keep media and chat exports; what you have deleted cannot leak.

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