Welcome to our comprehensive guide on what happens if an employee breaches GDPR. As an expert in data breach claims, we’ve created this guide to help you understand your rights as an individual when it comes to protecting your personal data. We’ll cover everything from what constitutes a GDPR breach, who is responsible for an employee’s GDPR violation, and what steps you can take if you believe you have been a victim of a data breach. We’ll also discuss the various ways you can claim compensation for a data breach and provide guidance on how to calculate the amount of compensation you may be entitled to receive.
If you have any questions about the information in this guide or would like to begin a claim, please don’t hesitate to get in touch with one of our advisors.
The General Data Protection Regulation (GDPR) is a set of regulations that were introduced by the European Union (EU) in 2018. The aim of the GDPR is to provide individuals with greater control over their personal data and to ensure that organisations are held accountable for the way they collect, store, and process personal data.
Under the GDPR, a data breach occurs when personal data is lost, destroyed, corrupted, or disclosed without authorisation. Examples of a data breach include:
- A cyber attack where hackers gain unauthorised access to personal data
- An employee losing a device containing personal data
- Sending an email containing personal data to the wrong recipient
- Sharing personal data with a third party without the individual’s consent
If you believe that your personal data has been exposed due to a GDPR breach, you have the right to file a complaint with the Information Commissioner’s Office (ICO). The ICO is the UK’s data protection authority and is responsible for enforcing the GDPR.
When it comes to GDPR breaches, it’s important to understand who is responsible for an employee’s violation. In general, employers are liable for any breaches that occur as a result of an employee’s actions.
This means that if an employee breaches GDPR regulations while carrying out their duties at work, their employer could be held responsible for any resulting data breaches. This could include paying fines and compensation to individuals who have been affected by the breach.
While employers are generally held responsible for GDPR breaches that occur as a result of employee actions, it’s important to understand the types of GDPR violations that can result from employee misconduct.
Examples of employee conduct that can result in GDPR breaches include:
- Failing to properly secure personal data
- Accidentally or intentionally disclosing personal data to unauthorised individuals
- Failing to obtain the necessary consent to process personal data
- Failing to report a data breach to the appropriate authorities
If you believe that an employee has breached GDPR regulations and your personal data has been compromised as a result, it’s important to report the breach to the appropriate authorities. You may also be entitled to claim compensation for the harm the breach has caused you.
Consequences Of A GDPR Breach
There are several consequences that can result from a GDPR breach, including fines, penalties, and legal action. Under the GDPR, the ICO has the power to issue fines of up to £17.5 million or 4% of an organisation’s global turnover, whichever is higher.
In addition to fines, organisations may also face legal action from individuals whose personal data has been compromised as a result of a GDPR breach. This could include claims for compensation for any financial losses, emotional distress, or damage to reputation that has been caused by the breach.
Can An Employee Get Fired For A GDPR Breach?
An employee can potentially get fired for a GDPR breach, depending on the severity of the breach and the company’s policies. GDPR (General Data Protection Regulation) compliance is a legal requirement, and companies have a responsibility to protect personal data. If an employee intentionally or negligently breaches GDPR regulations, it may lead to disciplinary action, including termination of employment.
The severity of the breach will be a critical factor in determining the appropriate disciplinary action. Minor breaches may lead to a verbal or written warning, while severe breaches, such as a deliberate data breach, may result in immediate termination of employment. It’s essential to note that GDPR breaches can also result in significant fines, which may be imposed on the company, the employee, or both.
Companies should have clear policies and procedures in place for dealing with GDPR breaches, including how they investigate and report them. Employees must also be aware of these policies and receive regular training to ensure that they understand their responsibilities and the consequences of GDPR breaches.
In summary, an employee can get fired for a GDPR breach, but the severity of the breach and the company’s policies will determine the appropriate disciplinary action. It’s crucial for companies to have clear policies and procedures in place and for employees to receive regular training to prevent GDPR breaches from occurring.
Data Breach Compensation
If you have been the victim of a GDPR breach, you may be entitled to claim compensation for any financial losses, emotional distress, or damage to reputation that has been caused by the breach. To be eligible for compensation, you must be able to demonstrate that the breach has caused you some form of harm, such as financial loss or emotional distress. You must also be aware of the time limits for claiming. Additionally, it might be worth considering using a data breach solicitor to make a claim.
To make a claim for compensation, you will need to provide evidence of the harm that has been caused by the breach. This could include bank statements or other financial records to demonstrate any financial losses, or medical records or witness statements to demonstrate any emotional distress.
Calculating Compensation For Emotional Distress From An Employee Breach Of GDPR
Legal practitioners may utilise the Judicial College Guidelines as a reference to estimate the potential compensation for psychological harm resulting from a GDPR data breach. These guidelines are widely used in England and Wales to determine the compensation amount for personal injury claims, including those involving psychological harm. The guidelines take into account several factors, such as the severity of the harm, the duration of the symptoms, and the impact on the claimant’s daily life. To use these guidelines, legal professionals would first need to assess the severity and impact of the harm suffered by the claimant and compare it to the categories and compensation amounts outlined in the guidelines for psychological harm.
The Judicial College Guidelines provide a range of payout brackets for general psychological injuries, including:
- 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
It is important to note that these figures are only guidelines and are not legally binding. If you would like to obtain guidance on your own potential payout, please do not hesitate to call our team of legal experts. We are here to help you navigate the compensation process and ensure that you receive the compensation you deserve for the psychological harm caused by a hotel data breach.
No Win No Fee Data Breach Claims
If you are considering making a claim for compensation for a GDPR breach, you may be wondering how you will be able to afford to get help from a solicitor. One option to consider is a Conditional Fee Agreement (CFA), also known as a No Win No Fee agreement.
A CFA is an agreement between you and your solicitor, where you only pay for their work if your claim is successful. If your claim is unsuccessful, you will not have to pay for their work on your case.
It’s important to note that if your claim is successful, your solicitor’s fees may be deducted from the compensation you receive. However, the amount deducted will be agreed upon before you enter into the CFA and it is capped under the Conditional Fee Agreements Order 2013.
If you would like to know more about No Win No Fee claims, please don’t hesitate to get in touch. We could connect you with a data breach solicitor that could take on your claim under such an agreement.
If you have any questions or would like to begin a claim, please don’t hesitate to get in touch with one of our advisors. We are here to help you get the compensation you deserve.
- Call our helpline on 0800 408 7827
- Contact us through our handy online form.
- Live chat with an advisor.
Further Guidance On What Happens If An Employee Breaches GDPR?
Information Commissioner’s Office (ICO) – Employers and GDPR.
UK Government – Data Protection.
Citizens Advice – Data breaches and your rights.
Can I Make A Data Breach Claim Against My Employer? – Additionally, learn about whether you could claim compensation from your employer.
Under GDPR How Long Do You Have To Report A Data Breach? – Details of reporting data breaches can be found here.
What Is The Role Of Expert Evidence In A Data Breach Case? – Finally, learn more about evidence in data breach claims.