Form: Cost-of-Breach DisclosureSource: IBM 2025Filed: 28 Apr 2026
DataBreachCost.comOpen calc
Schedule 09 / Notification Requirements50 US states + DC + 10 global frameworks

Notification clock register

All 50 US states + 120 countries: your clock starts the moment you know.

For a multi-jurisdiction breach the notification stack is the most complex regulatory work an organization will ever do. Below: 10 major global frameworks, all 50 US state regimes summarised by deadline and penalty, and the cost components that make notification 6% of total breach cost.

GDPR clock

72 hours

From awareness, to lead authority

California SB 446

30 days

Effective Jan 2026, strictest US

GDPR max fine

4%

Of global annual revenue

Notification share

6%

Of total breach cost (IBM 2025)

Section 09.1 / Global frameworks

Major jurisdictions, side by side

The 72-hour benchmark is now the global default for major data-protection frameworks (GDPR, UK GDPR, South Korea PIPA). Outliers below or above this clock represent earlier-generation regimes (US states, Canada PIPEDA) or fast-moving 2023+ statutes (India DPDP, Brazil LGPD). 'Promptly' and 'as soon as feasible' are not flexible. Regulators interpret them as days, not weeks.

JurisdictionDeadlineAuthorityMax fine
European Union (GDPR)72 hoursLead supervisory authority4% global revenue or 20M EUR
United Kingdom (UK GDPR)72 hoursICO17.5M GBP or 4% revenue
United States (Federal)No federal lawState-by-stateVaries by state
Canada (PIPEDA)As soon as feasiblePrivacy Commissioner$100K CAD per violation
Australia (NDB Scheme)30 daysOAIC$50M AUD
Brazil (LGPD)Reasonable timeANPD2% revenue or $50M BRL
Japan (APPI)Promptly (3-5 days guidance)PPC$1M JPY per violation
South Korea (PIPA)72 hoursPIPC3% related revenue
India (DPDP Act 2023)Without unreasonable delayData Protection Board250 Crore INR (~$30M)
Singapore (PDPA)3 daysPDPC$1M SGD or 10% revenue

Section 09.2 / US state-by-state register

The 50-statute reality

The US has no federal breach-notification law. Multi-state breaches must comply with up to 50+ different statutes, each with its own deadline, AG-notification trigger, and definition of personal information. The deadline range runs from 30 days (California SB 446 from Jan 2026, Florida, Washington, Colorado, Oregon) to 'without unreasonable delay' (most states). The table below summarises the 15 states most relevant to most multi-state filings.

StateDeadlineAG notificationPenalty
California30 days (SB 446, Jan 2026)Yes (500+ records)$2,500-$7,500/violation (CCPA)
New YorkWithout unreasonable delayYes$5,000/violation (SHIELD Act)
Texas60 daysYes (250+ residents)$100-$250K/breach
Florida30 daysYes (500+ individuals)$1K/day ($500K max)
IllinoisWithout unreasonable delayYesAG enforcement
Virginia60 daysYes$150K/violation (VCDPA)
Colorado30 daysYes$20K/violation
Connecticut60 daysYes$5K/violation
MassachusettsAs soon as practicableYes$5K/violation
Washington30 daysYes (500+ residents)$25K/violation
PennsylvaniaWithout unreasonable delayYes$1K-$5K/day
Ohio45 daysYesAG enforcement
GeorgiaWithout unreasonable delayNo specific requirement$AG enforcement
New JerseyWithout unreasonable delayYes$10K/violation
Oregon45 daysYes (250+ residents)$25K/violation

Primary source:State AG sites and statutes; IAPP US State Privacy Legislation Tracker; Perkins Coie Security Breach Notification Chart 2026 (verified Q1 2026).

Section 09.3 / What triggers notification

The encryption safe harbor and the risk-of-harm threshold

Two technical concepts dominate notification triggers across most modern statutes: the encryption safe harbor (encrypted data exfiltrated with the encryption key still secure does not trigger most notification obligations) and the risk-of-harm threshold (statutes vary on whether the threshold is 'risk of harm' or 'significant risk of harm'). Both are interpreted strictly: regulators have rejected encryption safe harbor claims where key management was inadequate, and class-action lawyers routinely challenge risk-of-harm determinations.

Encryption safe harbor

Most US state statutes and HIPAA exempt encrypted data from notification, provided the encryption key was not also exposed. Practical implication: a stolen laptop with full-disk encryption is typically a non-event under most statutes; an unencrypted laptop or an encrypted database where the key was stored alongside is a breach.

  • [+] AES-256 at rest, key in HSM, key separate from data
  • [+] TLS 1.3 in transit
  • [!] Field-level encryption for PII even when stored in encrypted DB

Risk-of-harm threshold

Some statutes (Australia NDB, Canada PIPEDA, several US states) include a risk-of-harm assessment. Organizations may avoid notification if they can demonstrate that the breach is unlikely to result in significant harm. Documentation of the assessment is the key, regulators have rejected determinations made without contemporary evidence.

  • [?] Document the assessment contemporaneously
  • [?] Engage outside counsel for the determination
  • [!] Some states (NY SHIELD) impose strict-liability notification

Section 09.4 / Cost of notification

Why notification is 6% of breach cost

Notification is IBM's smallest of four breach-cost categories at 6%, but at the $4.44M global average that is still ~$266K. Per-record costs range from $1 (electronic-only notification) to $10 (printed letter, certified mail, multilingual). Credit-monitoring provision (typically required for sensitive PII breaches) adds $10-$30 per person per year over 12-24 months.

Per-person notification cost ranges from $1 (electronic-only) to $10+ (printed letter, certified mail, multilingual). Most US state statutes specify acceptable notification methods; some require multiple methods if email cannot be reasonably expected to reach the affected party.

Credit-monitoring provision is typically required by AG settlements (rather than statutes) for breaches involving SSNs or financial-account data. Industry rate is $10-$30 per person per year for 12-24 months. For a 1M-record breach, this adds $10M-$60M.

Regulatory filing costs include outside counsel time for multi-jurisdiction filings (typically $50K-$500K), AG-coordination conference calls, and supervisory-authority response cycles for GDPR-relevant breaches.

Call-centre setup for incoming inquiries from notified individuals typically costs $500K-$3M for breaches affecting 100K+ individuals, including 8-12 weeks of staffing at peak inquiry volume.

Primary source:IBM Cost of a Data Breach Report 2025 (notification category 6% share); Verizon DBIR 2025 (notification cost ranges); Coalition Cyber Insurance pricing data Q1 2026.

Index / Companion schedules

Schedule F / Reference Q&A

Frequently Asked Questions