Welcome to our guide on data breach claims in the UK. If you have experienced a data breach, you may have already received compensation from the responsible party. However, if you’ve suffered further harm, you may still be wondering ‘Can I still make a data breach claim if I’ve already received compensation?
In this guide, we will cover the legislation surrounding data breach law in the UK, as well as provide advice on ascertaining whether the compensation you have received is appropriate. We will also discuss your options for accepting or rejecting an offer of compensation, and what this does to your rights.
If you are eligible to make a data breach claim, we will provide guidance on the steps you can take to pursue compensation, including what evidence you will need to gather and what legal avenues are available to you. We understand that the process of making a data breach claim can be confusing and overwhelming, which is why we offer support and guidance every step of the way.
If you have any questions or need help with your data breach claim, we encourage you to get in touch with us via our live chat, contact form, or by telephone. Our team of data breach claims experts is here to help you get the compensation you deserve.
What Is A Data Breach Claim And Who Could Be Liable To Pay Me Compensation?
A data breach claim is a legal action taken by an individual or group of individuals against an organisation or individual who has unlawfully obtained or disclosed their personal data. This can include a wide range of scenarios, such as a cyber-attack, theft, or accidental disclosure of sensitive information. The Data Protection Act 2018 and the UK GDPR allow claimants harmed by the wrongful exposure of their personal data to claim compensation for the harm suffered.
If you have received compensation, it may be because the party responsible for the data breach has acknowledged their wrongdoing and taken steps to rectify the situation. However, it is important to understand that accepting compensation does not necessarily mean that the responsible party is absolved of all legal responsibility for the data breach.
It is also possible that the compensation offered to you may not be sufficient to cover the full extent of the damage caused by the data breach. In some cases, individuals may be entitled to additional compensation to cover losses such as financial harm or emotional distress.
Determining who may have breached your data can be a complex process, and may involve investigating multiple parties, including third-party vendors or service providers.
If you have experienced a data breach and are unsure of your legal rights, we encourage you to contact us to speak with one of our expert advisors. You can ask us questions such as ‘can I still make a data breach claims if I’ve already received compensation?’ We can help you understand your options and provide guidance on the steps you can take to pursue compensation.
What Types Of Data Breach Claim May Have Multiple Defendants?
Data breach claims can often involve multiple defendants, depending on the nature of the breach and the circumstances surrounding it.
One example of a data breach claim that may have multiple defendants is when the breach is caused by a third-party service provider, such as a cloud computing provider, payment processor, or marketing company. In this case, both the service provider and the company that hired them may be held responsible for the breach.
Another example is when a data breach occurs due to the negligence of multiple parties. For instance, if an employee of a company accidentally sends sensitive information to the wrong recipient, both the employee and the company may be held liable for the breach.
It is important to work with experienced legal professionals who can help you navigate the legal complexities of multi-defendant data breach claims and ensure that your legal rights are protected.
Can I Still Make A Data Breach Claim If I’ve Already Received Compensation But It Isn’t Enough?
When you receive an offer of compensation for a data breach, it is important to assess whether the offer is appropriate to compensate you for the full extent of the harm caused by the breach. Here are some factors to consider when asking ‘Can I still make a data breach claim if I’ve already received compensation but it’s not sufficient to compensate me for the harm I’ve experienced?’:
- The nature and extent of the data breach – Consider the type and amount of personal information that was breached, how the breach occurred, and how long the breach went undetected.
- The harm caused by the breach- Consider the impact that the breach has had on you, such as financial losses, emotional distress, and reputational damage. You may need to obtain expert advice to determine the full extent of the harm caused by the breach.
- The compensation being offered – Evaluate the amount and type of compensation being offered, such as monetary compensation, credit monitoring services, or other forms of assistance. Consider whether the offer adequately compensates you for the harm caused by the breach.
If you believe that the offer of compensation is insufficient, you may want to negotiate for a higher amount or seek legal advice to determine your options for pursuing additional compensation. It is important to keep in mind that accepting an offer of compensation may also limit your ability to pursue legal action against the responsible party, so it is crucial to fully evaluate your options before accepting any offer.
What If Further Evidence Comes To Light At A Later Date?
If more evidence comes to light after your data breach claim has concluded that makes your claim worth more, it may be possible to reopen your case and seek additional compensation.
In order to reopen a closed case, you will typically need to demonstrate that there is new and significant evidence that was not available at the time your claim was originally settled. This evidence could include new information about the nature or extent of the breach, evidence of additional harm caused by the breach, or evidence of wrongdoing or negligence on the part of the responsible party.
It is important to note that there may be time limits on reopening a data breach claim. In some cases, you may only have a limited window of time in which to pursue additional compensation after new evidence has come to light.
If you believe that new evidence has emerged that may affect the value of your data breach claim, it is important to seek legal advice as soon as possible. An experienced data breach lawyer can help you evaluate the strength of your case, determine whether it may be possible to reopen your claim, and advise you on the best course of action to protect your legal rights and maximise your compensation.
Will A No Win No Fee Solicitor Help Me Make A Data Breach Claim If I’ve Already Received Compensation?
In general, it is possible to work with a No Win No Fee solicitor to pursue additional compensation after you have already received some form of compensation for a data breach. However, this would only be possible if the solicitor ascertains that you’d have a favourable chance of success. No Win No Fee solicitors are legal professionals who offer their services on a contingency basis, meaning that they only receive payment if they are successful in obtaining compensation for their clients.
If you have already received some form of compensation, such as a settlement offer or payment from the responsible party or their insurer, a solicitor can help you evaluate whether the compensation you received is fair and appropriate based on the specific circumstances of your case. If the compensation you received is insufficient to fully compensate you for the harm caused by the data breach, a solicitor may be able to help you pursue additional compensation.
It is important to note that working with a no-win no fee solicitor may involve signing a conditional fee agreement (CFA), which sets out the terms of your agreement with the solicitor. CFAs typically include provisions that specify the percentage of compensation that the solicitor will receive if they are successful in obtaining additional compensation for you.
If you think you may have cause to claim compensation after you’ve received compensation for a day breach, please get in touch. An advisor could assess your case and connect you with a lawyer should you be eligible to claim.
Can I Still Make A Data Breach Claim If I’ve Already Received Compensation? – Further Guidance
Guidance on individuals’ right to compensation: This outlines the circumstances under which individuals may be entitled to compensation for a data breach.
Rejecting An Offer Of Compensation: This guide provides information on when and how to reject an offer of compensation.
Accepting Or Rejecting An Offer Of Settlement: This guide provides information on the factors to consider when deciding whether to accept or reject an offer of settlement in a data breach claim.
How Much Compensation Could My Data Breach Claim Be Worth? – Learn more about valuing claims here.
Compensation Examples For Human Error Data Breach Claims. – Further examples of data breach payouts.
How Long Do I Have To Make A Data Breach Claim In The UK? – Learn more about how long you might have to claim.