Today, personal data protection is not only an obligation under the GDPR, but also an element of building customer trust and the reputation of an organization. This is particularly true in the financial sector, where sensitive customer data is processed. Exposing it to an incident can have disastrous consequences. A data security incident can happen to any institution, so it is essential to know what a personal data breach is, what obligations the controller has, and what actions should be taken to effectively manage the risk.

What is a personal data security incident?

The GDPR defines a data breach as any incident leading to the accidental or unlawful destruction, loss, alteration, disclosure, or access to personal data.

In other words, an incident is any situation in which data security is compromised, whether due to hacking, human error, or system failure.

Security incidents and examples encountered in financial institutions:
breach of confidentiality
a) leakage of customer data from a system handling payments or loan applications;
b) Data theft, sending a credit report to the wrong email address;
c) Disclosure of a file containing customer data in an unsecured cloud (e.g., due to a configuration error);
d) theft of login details through phishing – e.g., impersonating an electronic banking system;

integrity breach
a) unauthorized changes or falsification of data;
b) an employee mistakenly changes the status of a loan or the customer’s balance in the CRM system;
c) cyberattack resulting in the alteration or replacement of data in the transaction database;

availability breach
a) server failure resulting in the loss of data availability in the scoring system;
b) lack of access to data in the CRM system after a software update or infrastructure failure.

Administrator’s obligations after detecting an incident

After detecting an incident, the data administrator should first determine whether there has been a personal data breach within the meaning of the GDPR. It is necessary to analyze the incident, its causes, scope, and potential consequences for the data subjects.

If the incident may lead to a risk to the rights and freedoms of natural persons, the controller is required to report it to the President of the Personal Data Protection Office within 72 hours of its detection . In the case of high risk, the data subjects must also be informed in a clear and understandable manner, indicating the nature of the incident, its consequences, and the remedial measures taken.
Every incident, even those not reported to the supervisory authority, should be documented in an internal breach register and analyzed to determine its cause and prevent similar incidents in the future.

How can a law firm help?

Incidents in the financial industry are often complex, involving legal and technological aspects. Professional legal support is crucial.

Lawyers help to classify the incident, prepare a report to the UODO, prepare communication to the data subjects, and advise on possible civil or reputational liability. The law firm can represent the entity before the supervisory authorities, using its experience and professional knowledge to achieve a more favorable outcome.

Good incident risk management practices

Prevention is the most effective way to protect data. It is worth conducting regular security audits and risk analyses (Data Protection Impact Assessment, DPIA), updating incident response procedures, and testing contingency plans

Technical measures—encryption, pseudonymization, access control, multi-factor authentication—and regular training of employees, who are often the first line of defense against an incident, are important elements.

In more serious cases, cooperation with incident response teams (Computer Security Incident Response Team – CSIRT, Computer Emergency Response Team – CERT) allows for faster identification of the causes and mitigation of the effects of the incident, and is becoming increasingly common in the financial sector.

Legal and reputational consequences of breaches

A data breach can result not only in administrative penalties of up to €20 million or 4% of annual turnover, but also in a loss of trust among customers and business partners. Civil liability towards persons whose data has been breached may lead to claims for damages, and loss of reputation may lead to real financial and image losses.

That is why it is so important to act quickly and transparently after an incident—informing about the steps taken, implementing corrective measures, and ensuring transparent communication with customers allows you to minimize damage to your image.

Recommendations and summary

Personal data protection requires constant commitment, both at the legal and organizational levels. Every company should have an incident response plan, regularly train its employees, and work with cybersecurity experts.

In practice, prevention is the most effective means of protection against incidents. A properly prepared response team, clear procedures, and regular testing of security systems can reduce the risk of serious breaches. It is also worth implementing solutions that automate incident reporting and monitoring, which significantly reduces response time.

Careful protection of personal data is an investment in the credibility and stability of any organization, and due diligence in this area is particularly important in the financial sector.