Regulatory and legal notices
What a formal notice is
Short answer
- Breach notice to a regulator
- UK GDPR: without undue delay and where feasible within 72 hours 1
- Securities disclosure
- SEC Form 8-K Item 1.05, four business days after a materiality decision 2
- Recall notice
- Australia: tell the ACCC within 2 days 3
- Layoff notice
- US WARN Act: 60 days 4
- Regulatory notice
- FCA warning notice is not a final decision 5
- Court notice
- US summons served with the complaint within 90 days of filing 9
Four questions that define any notice
This site describes each notice by four points: who must give it, who must receive it, the deadline, and the form it takes. Rules set all four.
The UK GDPR gives a clear example. The controller gives the notice, the regulator receives it, the deadline is without undue delay and where feasible within 72 hours, and a late notice must give reasons 1. A processor gives a separate notice to the controller 1.
The US WARN Act is another. A covered employer may not order a plant closing or mass layoff until 60 days after written notice 4.
Notices given by companies
Many notices are duties placed on a business. A listed US company must file Form 8-K Item 1.05 about a material cybersecurity incident, as a general rule four business days after deciding it is material 2. An Australian supplier that recalls a consumer product for safety reasons must tell the ACCC within 2 days, under section 128 of the Australian Consumer Law 3. Failure to give these notices can carry penalties. Under the WARN Act, an employer is liable for back pay for each day of violation, up to 60 days 4.
Notices given by regulators
Regulators issue notices that mark stages in a process. The difference between stages matters.
At the UK FCA, a warning notice sets out proposed action and is not the final decision 5. A decision notice follows if the FCA decides to act, and it can be referred to the Upper Tribunal 6. A final notice is issued when the FCA takes action 5.
At the US FDA, a Form 483 lists observations at the end of an inspection and is not a final agency determination 8. A warning letter is informal and advisory and does not commit the FDA to enforcement action 7.
Court notices and service
Court notices depend on service, the formal delivery of papers. In US federal courts, a summons must be served with a copy of the complaint 9. In England and Wales, Civil Procedure Rules Part 6 sets the methods and a claim form is deemed served on the second business day after the relevant step 10.
Common mix-ups
- A warning notice is not a penalty. The FCA says it is not its final decision 5.
- A decision notice is not always the end. It can be referred to the Upper Tribunal, normally within 28 days 6.
- An FDA warning letter is not a recall or a court order. The FDA calls it informal and advisory 7.
- A notice to a regulator is not the same as a notice to the public. UK GDPR Article 33 covers the regulator only 1.
Common questions
Is a warning notice the same as a fine?
No. At the FCA, a warning notice sets out proposed action and is not the final decision 5.
What is the difference between a decision notice and a final notice?
A decision notice can be referred to the Upper Tribunal. A final notice is issued if no referral is made in time 6.
Is an FDA warning letter legally binding?
The FDA calls it informal and advisory, and it does not commit the agency to enforcement action 7.
What does deemed service mean?
The date the rules treat papers as delivered. In England and Wales, a claim form is deemed served on the second business day after the relevant step 10.
Rules and charges change. Check the official source linked on this page before you pay or travel. Spotted an error? Email hello@noticeofrecord.com.
Sources
- legislation.gov.uk: United Kingdom General Data Protection Regulation, Article 33
- SEC: SEC Adopts Rules on Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure by Public Companies (26 July 2023)
- ACCC Product Safety: Tell the ACCC of the recall
- Office of the Law Revision Counsel: 29 USC Chapter 23, Worker Adjustment and Retraining Notification
- FCA: Enforcement
- FCA: Statutory notices issued by the RDC
- FDA: Regulatory Procedures Manual, Chapter 4 Advisory Actions (July 2024)
- FDA: FDA Form 483 Frequently Asked Questions
- Legal Information Institute: Federal Rules of Civil Procedure, Rule 4. Summons
- Justice UK: Part 6, Service of Documents, Civil Procedure Rules
Related
- Data breach notification laws compared
How breach notice rules differ in the EU, UK, US, Australia, Canada and India: who must notify, the deadline and who receives the notice.
- FCA warning notices and decision notices explained
How UK FCA warning, decision and final notices work, the Regulatory Decisions Committee, the Upper Tribunal and the FCA Warning List.
- FDA warning letters explained
What an FDA warning letter is, how it differs from a Form 483 and an untitled letter, response times, close-out letters and where letters are posted.
- Service of legal notices compared
How court papers are served in US federal courts and in England and Wales, deemed service, time limits and the Hague Service Convention for service abroad.
- WARN Act layoff notices explained
How US WARN Act layoff notices work: 60 days, who is covered, who gets the notice, exceptions and penalties, plus California WARN, UK HR1 and Canada rules.
- How to check whether a notice was given
Where to look up official notices: state breach lists, the HHS breach portal, SEC EDGAR, FDA warning letters, FCA notices, WARN reports and recall lists.