Data breaches are a growing concern in today’s digital age, and they can significantly impact individuals and businesses. If you have been the victim of a data breach at the hands of a non-UK company, you may be entitled to compensation. Under GDPR, you have the right to make a data breach claim against any company that processes your personal data, even if that company is based outside of the UK. If you have been the victim of a data breach, you might be wondering, ‘Can I make a data breach claim against a company based outside of the UK?
The short answer is, if you meet the eligibility criteria, yes, you can. This guide will explain how you can make a data breach claim against a non-UK company and your legal rights. If you have been the victim of a data breach and want to explore your legal options, get in touch with us today.
Understanding Cross-Border Data Breaches: Can You Make a Claim Against Companies Outside the UK?
In the UK, the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 provide a legal framework for individuals to protect their personal data. The GDPR is an EU-wide regulation that came into effect in May 2018 and applies to all EU member states. It also applies to companies outside the EU if they process the personal data of EU residents.
So, if you’re based in the UK and your personal data has been breached by a company outside the UK, you may be able to make a claim under the GDPR. However, some legal complexities are involved, and you’ll need to consider a few key factors before proceeding with a claim.
What Are Your Legal Rights When Your Personal Data is Breached by a Foreign Company?
If a foreign company has breached your personal data, you may be entitled to compensation. Under the GDPR, you have the right to seek compensation from the data controller or processor responsible for the breach. This compensation is intended to cover any financial losses or emotional distress you may have suffered as a result of the breach.
However, making a data breach claim against a foreign company can be complex. You’ll need to prove that the company was responsible for the breach, and that they acted wrongfully in exposing your personal data. Additionally, you’ll need to prove that you’ve suffered harm as a result. This can involve gathering evidence and building a case, which is best done with the help of a legal expert.
The GDPR and Data Protection Act – How They Affect Data Breach Claims Against International Companies
Under the GDPR, companies that process the personal data of EU residents must comply with the regulation, regardless of where they are based. This means that if a foreign company has breached your personal data, you can make a claim under the GDPR, regardless of where the company is based.
Jurisdictional Challenges – Overcoming Legal Hurdles In Making Data Breach Claims Against Foreign Companies
One of the biggest challenges in making a data breach claim against a foreign company is determining the appropriate jurisdiction. The GDPR allows you to bring a claim against a company in any EU member state, regardless of where the company is based. However, if the company is based outside the EU, you may need to consider other legal options.
In some cases, you may need to bring a claim in the country where the company is based. This can involve navigating complex international laws and procedures, which is why it’s important to work with a legal expert who has experience in cross-border data breach claims.
Time Limits for Making Data Breach Claims Against Foreign Companies
If you’re considering making a data breach claim against a company based outside of the UK, it’s important to be aware of the time limits involved. In the UK, you would typically have 6 years to claim, unless the claim was against a public body or involved human rights breaches.
However, the time limit can vary depending on the jurisdiction involved. For example, if you need to bring a claim in the country where the company is based, the time limit may be shorter or longer. It’s important to work with a legal expert who can advise you on the appropriate time limit for your specific case.
Gathering Evidence -Key Steps To Take When Making A Data Breach Claim Against A Company Based Outside Of The UK
To make a successful data breach claim against a foreign company, you’ll need to gather evidence to support your case. This can include documents and records related to the breach, as well as any correspondence with the company or other parties involved.
It’s important to start gathering evidence as soon as possible after the breach occurs. This will help you build a strong case and increase your chances of success. In addition, it’s important to document any financial loss or emotional distress you’ve suffered as a result of the breach.
Compensation for International Data Breaches – How Much Can You Claim And How Is It Calculated?
The amount of compensation you can claim will depend on a number of factors, including the nature and extent of the breach, the harm you’ve suffered as a result, and any financial losses you’ve incurred. In general terms, you could be eligible for compensation for material damages (financial loss) and non-material damages for psychological harm caused by the breach, also referred to as data breach distress.
The Judicial College Guidelines provide guidance on the amount of compensation that may be awarded in data breach cases for psychological damage. These guidelines take into account a range of factors, including the severity of the breach and the impact on the individual.
- Severe – £54,830 to £115,730
- Moderately Severe – £19,070 to £54,830
- Moderate – £5,860 to £19,070
- Less Severe – £1,540 to £5,860
Figures from the guidelines can be seen below. However, it’s important to understand that your compensation would depend on the specifics of your case. Therefore, it would be wise to contact an advisor to get a personalised estimate.
Choosing a Lawyer For Your Cross-Border Data Breach Claim
If you’re considering making a data breach claim against a company based outside of the UK, it’s important to choose the right lawyer to represent you. Here are some factors to consider when selecting a legal expert for your cross-border data breach claim:
Experience – Look for a lawyer who has experience handling cross-border data breach claims, and who has a track record of success.
Expertise – Data protection law can be complex, so it’s important to choose a lawyer who has expertise in this area. Look for a lawyer who specialises in data protection and privacy law.
Communication – It’s important to choose a lawyer who communicates well and keeps you informed throughout the claims process. Look for a lawyer who is responsive and easy to reach.
Fees – Finally, consider the lawyer’s fees. Many lawyers offer No Win No Fee agreements, which means you won’t have to pay anything if your claim is unsuccessful. Make sure you understand the fee structure before you sign up.
How Can I Make A No Win No Fee Data Breach Claim Against A Company Based Outside Of The UK?
If you’ve suffered a data breach caused by a company based outside of the UK, you may be able to make a No Win No Fee claim for compensation. Here’s how the process works:
- Contact a legal expert – The first step is to contact a legal expert who specialises in data breach claims. They will assess your case and advise you on whether you have a claim.
- Conditional Fee Agreement – If your lawyer believes you have a claim, they may offer you a Conditional Fee Agreement (CFA). This means you won’t have to pay anything upfront, and your solicitors success fee will only be payable if your claim is successful.
- Gathering evidence – Your lawyer will gather evidence to support your claim, including documentation of the breach and any financial losses you’ve suffered as a result.
- Negotiations – Your lawyer will negotiate with the other party to try to reach a settlement. If a settlement can’t be reached, your case may go to court.
- Compensation – If your claim is successful, you will receive compensation for your losses and any harm you’ve suffered as a result of the breach.
We should mention that the Conditional Fee Agreements Order restricts the amount a solicitor can ask for in a success fee. Therefore, you could be confident that you would receive the majority of the compensation awarded to you in a successful case.
Start Your Claim
We have a team of legal experts who specialise in helping with data breach claims. The solicitors on the panel we work with offer No Win No Fee agreements, so you won’t have to pay anything upfront, and they have a track record of success in handling data breach claims.
If you’d like to discuss your case with us, please don’t hesitate to get in touch. We’re here to help you get the compensation you deserve.
Can I Make A No Win No Fee Data Breach Claim Against A Company Based Outside Of The UK? Further Guidance
How To Claim Data Breach Compensation For GDPR Violations – Further guidance on GDPR claims.
Claiming Compensation For A Wrong Email Address Data Breach – Examples of who could claim for email address data breaches.
What Is The Impact Of A Data Breach On My Credit Score? – Insight into credit scores and the impact of a breach on your credit score.
Information Commissioner’s Office (ICO) – Making a data protection complaint.
UK Government – Data Protection And Brexit.
European Data Protection Board (EDPB) – Guidelines on territorial scope of the GDPR.