A data breach claim refers to a legal action taken by an individual or an organisation against a company or an entity responsible for a data breach. Data breaches occur when a security breach leads to the disclosure, misuse or loss of personal data. Pursuing a data breach claim can be complex, and the costs involved can be substantial. This guide will provide an overview of ‘how does funding work in data breach claims?’ It also explains the importance of funding, and the various funding options available.
We’ll also explain who might be able to claim compensation for a data breach that exposes their data, and harms them as a result. Plus, we’ll explain how we could help connect eligible claimants with No Win No Fee solicitors from our panel, to assist them in starting a claim.
If you would like more information or help with a claim, please call our advisors at any time. You can reach us in any of the following ways:
What Is A Data Breach Claim?
A data breach claim is a legal case brought by an individual or organisation who has suffered harm as a result of a data breach. Data breaches occur when sensitive or personal information is accessed, disclosed, or used without authorisation. This can happen due to hacking, cyber attacks, human error, or negligence. Data breach claims seek to hold the party responsible for the breach accountable for the damage caused, which may include financial losses, identity theft, emotional distress, and reputational harm.
In the UK, data breach claims are governed by various laws and regulations. These laws require organisations to protect personal data and implement appropriate security measures to prevent data breaches. Failure to comply with these regulations can result in significant financial penalties and legal action. A data breach claim can provide compensation to the victims of a data breach, helping them to recover losses and hold the responsible party accountable.
Overview Of The Costs Involved In Making A Data Breach Claim
If you’re asking, ‘How does funding work in data breach claims?’ it might be because you’d like help with paying for a solicitor. After all, the costs involved in making a data breach claim can be significant. The legal costs can be high, which may deter individuals or organisations from pursuing a claim. The cost of expert evidence, such as IT forensic reports, can also be significant. Claimants who have suffered on-material harm may need medical reports from independent professionals, which might also come at a cost. In addition, the process of making a claim may cost time, and could be stressful in some cases. Getting help from a lawyer could minimise this stress and the time it may take you to go through the process to understand your rights.
Legislation Involved In Data Breach Claims
In the UK, data breach claims are usually brought under the Data Protection Act 2018 (DPA 2018), which implemented the General Data Protection Regulation (GDPR) in UK law. The DPA 2018 sets out the obligations of organisations that collect and process personal data and provides individuals with the right to claim compensation for damage suffered as a result of a data breach.
Importance Of Funding In Pursuing A Data Breach Claim
Funding is critical in pursuing a data breach claim, particularly as the costs involved can be substantial. The right funding can help individuals and organisations pursue their legal rights and ensure that they receive compensation for the damage suffered. Without funding, pursuing a data breach claim can be financially risky, and many individuals or organisations may not have the means to pursue their claim.
The Impact Of Different Funding Options On The Success Of A Data Breach Claim
The funding option selected can have a significant impact on the success of a data breach claim. Some funding options may have high costs, which can reduce the amount of compensation received, while others may provide greater financial security. Choosing the right funding option is, therefore, critical to the success of a data breach claim.
Funding Options For Data Breach Claims
There are several funding options available for data breach claims, including Conditional Fee Agreements (CFAs), After the Event Insurance (ATE), and Legal Expenses Insurance (LEI). Each of these funding options has its advantages and disadvantages, and it is essential to understand these before choosing a funding option.
Conditional Fee Agreements (CFAs) Explained
A Conditional Fee Agreement (CFA) is a funding option where a solicitor agrees to take on a case without charging a fee unless the case is successful. If the case is successful, the solicitor is entitled to a success fee, which is a percentage of the compensation awarded.
How a CFA Works in a Data Breach Claim
In a data breach claim, the solicitor and the client will agree on the terms of the CFA, including the success fee percentage. The success fee is usually capped at 25% of the compensation awarded. If the claim is unsuccessful, the client will not be required to pay the success fee.
Explanation of the Success Fee and How it is Calculated
The success fee is calculated as a percentage of the compensation awarded, and it is designed to compensate the solicitor for the risk of not receiving payment if the case is unsuccessful.
After the Event Insurance (ATE) Explained
After the Event Insurance (ATE) is a funding option where the client takes out insurance to cover the legal costs associated with a data breach claim. If the claim is successful, the insurance premium is paid out of the compensation received.
Legal Expenses Insurance (LEI) Explained
Another option for funding a data breach claim is legal expenses insurance (LEI). This type of insurance is designed to cover the legal costs of pursuing a claim, and it is often included as part of a home insurance or motor insurance policy. However, it is important to check whether your insurance policy covers data breach claims specifically.
If you have LEI, you can use it to pay your legal costs and disbursements. Disbursements are the expenses that your solicitor incurs when pursuing your claim, such as court fees and expert reports. The advantages of LEI are that it can cover a wide range of legal expenses, and it can provide you with certainty about the costs of pursuing a claim.
However, there are also disadvantages to LEI. Firstly, it can be difficult to determine whether your policy covers data breach claims specifically. Secondly, your insurer may choose your solicitor for you, which could affect the quality of your representation. Thirdly, there may be limits on the amount of legal expenses that your insurer will cover, which could mean that you have to pay some costs yourself.
Comparison of the Advantages and Disadvantages of Each Type of Funding
Overall, there are advantages and disadvantages to each type of funding for data breach claims. However, CFAs remain the most popular and effective option for funding a claim.
CFAs provide you with the greatest flexibility and control over your claim, as you can choose your own solicitor and negotiate the success fee. This means that you can be confident that your solicitor has your best interests at heart, and that you will receive the highest level of representation.
Additionally, CFAs provide you with a high degree of cost certainty, as you will only have to pay your solicitor’s fees and disbursements if you win your claim. If you lose, you will not typically have to pay anything. This means that you can pursue your claim without worrying about the financial risks involved.
How to Work With Your Data Breach Solicitor on Your Claim
Your solicitor will also be able to negotiate on your behalf with the defendant’s solicitors and the defendant themselves. This means that they will be able to secure the best possible outcome for you, whether that is through a settlement or by taking your claim to court.
It is important to choose a solicitor who has experience in handling data breach claims, as this will ensure that they have the necessary knowledge and expertise to represent you effectively. You should also choose a solicitor who operates on a No Win No Fee basis, as this will ensure that you do not have to pay anything unless you win your claim.
Our panel of solicitors have a wealth of experience in handling data breach claims, and they will be able to guide you through the legal process and provide you with expert advice on your chances of success. With our help, you can secure the compensation that you deserve.
Contact us today to learn more about our services and start your claim. We are here to help you every step of the way.
How Does Funding Work In Data Breach Claims? Further Guidance
Now we’ve answered the question of ‘How does funding work in data breach claims?’ we have provided further useful links.
How Do I Choose The Right Data Breach Solicitor For My Case? – You can find insight into choosing a solicitor here.
No Win No Fee Data Breach Claims Explained – Further insight into how funding works can be found here.
Data Breach Compensation – General guidance on data breach compensation.
Data Protection Breach Complaints – The ICO has a tool to help people complain about data usage.
Guidance On Data Protection Online – Find guidance from the NCSC here.
Advice On Online Data Protection – The ICO provides actionable advice here.