In a digital era where data is a core business asset, the risk of data breaches whether due to cyberattacks, human error or system failures is no longer a question of if, but when. The real difference lies in how an organization responds.
At Kathurima N. Advocates (KN Legal), we help organizations develop robust Data Breach Response Plans, including clear policies and breach notification protocols, to ensure timely, lawful, and effective action when a breach occurs.
Why You Need a Data Breach Response Plan
A Data Breach Response Plan is not just a best practice it’s a legal and operational necessity. Under Kenya’s Data Protection Act, 2019 and global data protection standards (like the GDPR), data controllers and processors are required to respond to personal data breaches swiftly and transparently.
Key reasons why a response plan matters:
- Legal Compliance: Section 43 of Kenya’s Data Protection Act requires notification of breaches to the ODPC and affected data subjects within a reasonable time.
- Minimize Harm: Quick and coordinated responses can prevent further loss, protect affected individuals, and reduce legal liability.
- Protect Your Reputation: A prepared response builds trust with customers, regulators, and the public poor handling can severely damage brand value.
- Enable Incident Recovery: A plan allows teams to identify the source, contain the breach, and resume business with minimal disruption.
What Should the Policy Include?
Your Data Breach Response Policy should outline:
- Definition and Examples of Breaches
Clarify what constitutes a breach unauthorized access, disclosure, loss, or destruction of personal data. - Roles and Responsibilities
Identify internal response teams: legal, IT, management, PR, and their specific duties during an incident. - Reporting and Escalation Procedures
Establish internal reporting timelines, escalation channels, and a checklist for the first 24 hours. - Risk Assessment Criteria
Provide a framework to evaluate the breach’s severity and the potential impact on individuals. - Notification Protocols
- ODPC Notification: Include timelines (ideally within 72 hours).
- Affected Persons: Provide guidelines on notifying data subjects, including content and method.
- Third Parties: Outline when and how to inform business partners or insurers.
- Documentation and Record-Keeping
Keep records of all breaches, decisions made, and actions taken to demonstrate accountability. - Post-Breach Review
Introduce procedures for learning from the incident and improving security measures and staff training.
How KN Legal Supports You
At Kathurima N. Advocates, we offer customized legal solutions to support your breach readiness:
- Drafting or reviewing your Data Breach Response Policy
- Setting up internal incident reporting frameworks
- Designing compliant ODPC and data subject notification templates
- Training your team on breach awareness and response
- Legal representation in breach investigations or enforcement proceedings
Don’t Wait for a Breach Prepare for It
A breach response policy is your first line of defense in a data crisis. Proactive planning helps you respond with confidence, protect your stakeholders, and stay on the right side of the law.
Contact Kathurima N. Advocates today to develop or review your Data Breach Response Plan.