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Intro

Imagine the shock of realizing your personal information has been exposed in a data breach. But before you can even begin to react, the wheels are already in motion. A complex, often hidden, process unfolds as the breach is discovered, investigated, and contained.

Once a data breach occurs at an organization, a number of steps should follow during the data breach discovery period to detect, investigate, and provide notice of the incident. How long this process takes can vary widely depending on the breach’s circumstances.

Key Takeaways:

  • Data breaches can be discovered through various methods, including internal monitoring, third-party alerts, and even whistleblower tips.
  • Detecting a breach quickly is crucial to limit the harm and initiate response measures.
  • The time it takes to discover a breach can vary greatly depending on its nature and sophistication.
  • Whether you were affected or are just exploring options, you can check your eligibility for compensation.

Data Breach Discovery Explained

When a data breach occurs, multiple actors come into play: the affected organization, cybersecurity experts, and regulatory bodies. Internal systems might flag unusual activity, security tools might detect suspicious traffic, or a dedicated security team might stumble upon compromised data. In other cases, it might be an external security researcher, a concerned employee, law enforcement, or, as is most often the case, hackers who raise the alarm.

Once a potential breach has been identified, an investigation is launched to determine its scope, the type of data exposed, and the source of the attack. Forensic analysis of logs and systems is crucial, and collaboration with cybersecurity firms often becomes necessary.

The speed of discovery is paramount. The longer a breach goes undetected, the greater the potential harm to affected individuals and the organization itself. Notifying authorities and impacted individuals promptly is essential to mitigate the damage and initiate remedial actions, such as password resets and credit freeze alerts.

What happens after a data breach occurs?

The period immediately following a successful security incident or data breach is often chaotic for impacted companies. Sophisticated cyber-attacks frequently go undetected for over half a year on average industry-wide due to stealthy tactics and organizations’ limited monitoring.

Once hackers access personal data like customer names, account info, financial details, and other sensitive records, they move quickly to exploit it through identity theft, account takeovers, medical fraud, and more.  

In the U.S. and many other countries, companies must notify state regulators and individual users affected by the breach within 30-60 days of discovery under most data breach laws. By contrast, under the EU’s General Data Protection Regulation (GDPR), organizations must notify regulators of a data breach within 72 hours of becoming aware of it. 

Notices contain key details like when the breach occurred, what type of data was involved, how users can protect themselves, and where affected individuals can find more information.

Every minute organizations don’t detect ongoing access leads to more damage.

How are data breaches detected?

Companies utilize various tools and practices to detect potential breaches, including:

  • Automated monitoring systems like intrusion detection to flag anomalies;
  • Routine internal audits and risk assessments;
  • External notifications from researchers, users, or law enforcement;
  • Monitoring dark web sites for stolen company data being sold. 

Discovering a data breach is a critical aspect of cybersecurity, and recent studies highlight significant findings in this area. Shockingly, only one third of examined breaches were detected by the affected organization’s internal security team. In contrast, a concerning 27% of breaches were brought to light by the attackers themselves.

How long does it take to detect a data breach?

On average, data breaches took 212 days to be detected in 2022, but complex attacks can go unnoticed for years before eventually coming to light. Smaller breaches focused on stealing data may be identified more swiftly than large, nation-state operations.

Rapid detection is critical to limit damage. However, many companies still lack sufficient network monitoring, which delays discovery. Unfortunately, deficiencies in the above areas mean lengthy detection delays persist:

  • Over 25% of breaches take over a year to first be noticed.
  • The typical data breach remains undiscovered for over six months following the initial intrusion.
  • Financial companies are better than healthcare and tech companies in detecting breaches in four months or less.

Is there any compensation for data breaches?

It’s common for a large-scale data breach to result in compensation for affected individuals. The exact data breach settlement amount may vary based on factors like the user’s location and the extent of the data breach.

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Am I Affected?

If you were affected, you should receive a data breach notification letter within 72 hours of its discovery. But, there have already been cases when these notices don’t get sent out at all, either as part of a cover-up to protect the company’s image or to avoid identifying users who might be entitled to compensation. So in case of a data leak, it’s a smart move to fill out the form and join the claim regardless. 

What To Do?

Whether you believe you were affected or are just exploring your options, you can quickly and easily check your eligibility and compensation amount with our quick data breach checker. In under two minutes, you’ll know how much money you can get and will be able to claim compensation. Give it a try!

Data Breach vs. Others

Data breaches are known by various names, which can make things confusing. Some of these names mean the same thing, while others are a bit different. We explain and compare these terms below.

Data Breach Examples

Check out these real-world examples to get a more practical understanding of how data breaches work and what we can learn from these examples.

Conclusion

Data breach discovery is a critical first step in mitigating the fallout of cyberattacks. The breach discovery process aims to rapidly detect, contain, and investigate security incidents to limit potential harm. While individuals’ compensation depends on the extent of data exposure, companies can face penalties for negligence in discovery and notification. Robust systems for breach monitoring, analysis, and transparent reporting are crucial. Understanding how breaches are uncovered and the complexities involved empowers individuals and organizations to stay vigilant and prepared.

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Are you missing out on other data breach payouts? Try our compensation calculator and find out now!

Frequently Asked Questions

How to minimize or prevent Data breach impact?

Using virtual payment cards with spending limits and unique email addresses for different services can greatly reduce the risks of data breaches. Disposable virtual cards protect your financial details, while custom email addresses (like “yourname+service@gmail.com”) help identify compromised services. These strategies add security layers, minimizing the impact of breaches on your personal and financial data.

What to do after a data breach?

In case of a data breach, promptly change your passwords on the affected accounts, making them strong and unique. Activate two-factor authentication for added security. Monitor your financial statements and credit reports for any unusual activity. Alert your bank or credit card provider about potential fraud. Be cautious of phishing scams following the breach and consider a credit freeze. Finally, report the incident to the appropriate authorities.

What is a Data breach notice?

A data breach notice is an official alert sent by an organization to individuals whose personal data, including potentially compromised passwords, may have been exposed in a security breach. Such a notice can often follow warnings from services like Apple or Google indicating that “this password appeared in a data leak.” It details the nature of the breach, affected data types, potential risks, and the organization’s remedial actions. The notice advises on protective measures, such as changing passwords and monitoring credit reports to mitigate harm.

Can I sue, and how to join a class action lawsuit?

Yes, you can sue for a data breach. With Remunzo, joining an active class action lawsuit is easy. Check your eligibility on our platform, and if your case is active, you can join the lawsuit. Remunzo handles all legal proceedings and negotiations for a settlement. These processes can take some time, but we keep you updated throughout. Use our Quick Data Leak Checker to see if you qualify to join and claim compensation.

When will I get paid the data breach settlement?

The time it takes to receive a data breach settlement payment varies, often taking several months after a settlement is reached. Factors like case complexity, number of claimants, and legal procedures affect the timeline. Remunzo will keep you informed about the settlement progress, but patience is key as these processes can be lengthy.

Sources

  1. Situational Awareness and Iailable from: https://www.microsoft.com/en-us/security/business/security-101/what-is-data-loss-prevention-dlp
  2. How Cyber Attacks & Data Breaches are Discovered – AT&T Business [Internet]. AT&T Business. Available from: https://www.business.att.com/learn/research-reports/how-data-breaches-are-discovered.html
  3. What to know about the Discover Data breach – IDStrong [Internet]. IDStrong. 2020. Available from: https://www.idstrong.com/sentinel/discover-breach-credit-card-companies-nightmare/
  4. How data breaches happen [Internet]. www.kaspersky.com. 2023. Available from: https://www.kaspersky.com/resource-center/definitions/data-breach
  5. Irwin L. How long does it take to detect a cyber attack? – [Internet]. IT Governance USA Blog. 2022. Available from: https://www.itgovernanceusa.com/blog/how-long-does-it-take-to-detect-a-cyber-attack
  6. Cyber Liability, Data Security and Privacy at Raymond Law Group LLC. Protecting the Individual from Data Breach [Internet]. The National Law Review. 2023. Available from: https://www.natlawreview.com/article/protecting-individual-data-breach
  7. Data Breach Action Guide | IBM [Internet]. Available from: https://www.ibm.com/reports/data-breach-action-guide

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    Our team counts over 80+ skilled lawyers from 8 countries and has many partner law firms working on your claims. You can trust us to take good care of your claims. We’re working to make a world where taking big companies to court is simple and just a few clicks away for everyone, no matter their budget, skills, or background. Our goal is to build a future where it’s easy for everyone to stand up for their rights and get justice.