Experiencing a data breach can be an extremely stressful and difficult time for any individual or business. If your personal information has been compromised, you may be entitled to compensation. But what are the chances of success in a data breach claim? And what steps can you take to improve those chances? The legal process can be complex and it is important to understand the likelihood of success in pursuing a claim.
In this guide, we will cover the key factors that can impact the success of a data breach claim, including the severity of the breach, the evidence available, and the legal requirements for making a claim. We will also explore common obstacles that can arise during the claims process and how to overcome them.
If you are considering making a data breach claim, we highly recommend getting in touch with our advisors to discuss your options. Our team is available to provide you with tailored advice and guide you through the data breach claims process. Contact us today to find out more about how we can help.
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How To Know Whether You Could Have A Chance Of Success In A Data Breach Claim
A data breach occurs when personal or sensitive information is accessed, disclosed, or stolen without authorisation. This can happen in a variety of ways, such as through hacking, phishing, or employee negligence. If you have been a victim of a data breach, you may be entitled to compensation under the Data Protection Act 2018, which encompasses the UK General Data Protection Regulation (GDPR).
To know whether you could have a successful data breach claim, you must meet certain eligibility criteria. Firstly, you must have suffered damage as a result of the breach, such as financial loss, reputational damage, or emotional distress. Secondly, the breach must be due to the wrongful actions of the data controller, such as a company or organisation that holds your personal information.
How Long Do I Have To Claim?
It is also important to note that there is a time limit for making a data breach claim. In the UK, the time limit under the Limitation Act 1980 is six years from the date of the breach. However, it is recommended that you seek legal advice as soon as possible to ensure that you do not miss the deadline. This is particularly important for claims involving human rights or public bodies, as you may only have a year to claim.
To determine whether you have a successful data breach claim, it is advisable to consult with a knowledgeable expert in data breach claims. They can assess your case and advise you on your eligibility to make a claim. Contact us today to speak with one of our experienced advisors and learn more about your options.
What Types Of Wrongful Action Could Lead To A Successful Data Breach Claim?
A data controller has a legal obligation to ensure that personal information is handled securely and lawfully. Any wrongful action by a data controller that results in a breach of personal information could lead to a successful data breach compensation claim. Here are some examples of the types of wrongful actions that could result in a successful claim:
- Failure to implement adequate security measures – A data controller has a duty to protect personal information and must implement reasonable and appropriate security measures to prevent unauthorised access, disclosure or loss of the data. If a data controller fails to implement adequate security measures and this results in a data breach, harming a claimant, a claim may be successful.
- Human error or negligence – Human error or negligence can also lead to data breaches. For example, if an employee of a data controller accidentally sends an email containing personal information to the wrong email address, harming the data subject this could result in a claim.
- Hacking or cyber attacks – If a data controller’s systems are hacked or subjected to a cyber attack, and personal information is compromised as a result, a claim may be successful if it can be demonstrated that the data controller did not have adequate security measures in place to prevent such attacks.
If you have suffered damage as a result of a data breach caused by any of these wrongful actions by a data controller, you may be entitled to compensation. It is advisable to seek legal advice from a knowledgeable expert in data breach claims to discuss your options. Why not call an advisor today?
What Are The Chances Of Success In A Data Breach Claim If I Have Solid Evidence?
To give yourself the best chance of success in a data breach claim, it is important to provide as much evidence as possible to support your claim. Here are some types of evidence that may be helpful in demonstrating that a data breach has occurred and that you have suffered damage as a result:
- Records of the breach – If possible, obtain records of the data breach, such as a report from the data controller or evidence of the breach on the dark web. This can help establish the nature and extent of the breach.
- Proof of notification – If the data controller has notified you of the breach, keep a record of the notification, including the date and time it was received.
- Evidence of financial loss – If you have suffered financial loss as a result of the breach, provide evidence such as bank statements or invoices to demonstrate the amount of the loss.
- Evidence of emotional distress – If you have suffered emotional distress as a result of the breach, provide evidence such as a doctor’s report or a statement from a mental health professional.
It is important to note that the evidence required will vary depending on the specific circumstances of the breach and the type of damage suffered. A knowledgeable expert in data breach claims can advise you on what evidence is required in your particular case.
What Compensation Could I Receive If My Data Breach Claim Is A Success?
When calculating damage in a data breach claim, it is important to distinguish between material and non-material damages. Material damages are those that can be quantified in financial terms, such as loss of earnings or the cost of remedying the breach. Non-material damages are those that are less tangible and include things like emotional distress, anxiety or loss of privacy.
Material damages are relatively easy to quantify and can be based on things like lost income, the cost of replacing lost or stolen data, or the cost of credit monitoring services.
Calculating non-material damage in successful data breach claims is a complex process that takes into account a range of factors. In the UK, the Judicial College Guidelines are often used as a starting point to determine the level of compensation that may be awarded in different types of personal injury claims, including data breach claims.
You can find their guideline figures for psychological damage below.
- Less severe psychiatric damage – £1,540 to £5,860
- Severe psychiatric damage – £54,830 to £115,730
- Moderately severe psychiatric damage – £19,070 to £54,830
- Moderate psychiatric damage – £5,860 to £19,070
However, the level of compensation awarded will depend on the specific circumstances of the case and could be very different from the figures above. A knowledgeable expert in data breach claims can help to guide you through the process of calculating damages. They can also provide advice on what are the chances of success in a data breach claim.
Use A No Win No Fee Solicitor To Claim Today
Under a Conditional Fee Agreement, you will not be required to pay your lawyer unless your claim is successful. This means that you can pursue your claim without worrying about upfront costs. If your claim is successful, your solicitor will take a success fee from your compensation settlement. Conditional fee agreements are governed by the Conditional Fee Agreements Order 2013, which caps the success fee a solicitor can take.
One of the main benefits of a conditional fee agreement is that it provides access to justice for those who may not be able to afford to pursue a claim otherwise. It also provides a level of security and peace of mind for those pursuing a claim, knowing that they will not be left out of pocket if the claim is unsuccessful.
If you would like to explore the option of pursuing a claim under a No Win No Fee arrangement, please get in touch with us to find out more.
- Call 0800 408 7827
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Further Guidance On What Are The Chances Of Success In A Data Breach Claim
Information Commissioner’s Office (ICO) – Guidance on how to report a data breach.
The UK Government– Information on how to claim compensation for a personal data breach.
The Information Commissioner’s Office – Guidance on what evidence to include in a data breach compensation claim.
Can I Claim Data Breach Compensation Without Evidence? – Find out your chances of success.
How To Claim Compensation For A Data Breach – General guidance on making a claim.
How Long Do I Have To Make A Data Breach Claim In The UK? – Find out the limitation periods surrounding data breach claims.