In today’s digital age, data breaches are becoming increasingly common. The consequences of a data breach can be devastating, with personal information being exposed to cybercriminals, resulting in identity theft, financial losses, and reputational damage. If you have been the victim of a data breach, it is vital to understand your legal rights and how a data breach solicitor can assist you. This guide answers questions surrounding data breach claims but focuses on ‘What is the role of a data breach solicitor?’
This guide will provide a comprehensive overview of the role of a data breach solicitor. We will explain a data breach, the types of data breaches that a solicitor can assist with, and how they can help negotiate compensation payouts. We will also provide information on red flags to watch out for when selecting a data breach solicitor and the role of a solicitor in No Win No Fee claims.
What Kinds Of Data Breach Could A Solicitor Help With?
A data breach is a security incident in which sensitive, protected, or confidential data is accessed or disclosed without authorisation. Examples of data breaches include hacking, phishing, and malware attacks. They can also occur due to human error, such as sending an email to the wrong email address or leaving a laptop unattended.
In the UK, data protection is governed by the UK General Data Protection Regulation (GDPR) within the Data Protection Act 2018. The Information Commissioner’s Office (ICO) is the regulator responsible for enforcing data protection laws.
If a data breach results in the exposure of personal information, it could result in harm to the affected individual. This could include financial losses, identity theft, and emotional distress.
To be eligible for a claim, the data breach must have exposed data and been caused by wrongful action by a data controller. If you have been the victim of a data breach, a solicitor can assist you in determining if you have a valid claim.
What Is The Role Of A Data Breach Solicitor?
A data breach solicitor is a legal professional who specialises in data protection law. They can assist individuals who have suffered as a result of a data breach, by helping them to pursue a claim for compensation.
The role of a data breach solicitor includes:
- Providing legal advice – A data breach solicitor can provide legal advice on the validity of a claim, the strength of the case, and the amount of compensation that could be sought.
- Assisting with the claims process – A data breach solicitor can assist with the claims process, including gathering evidence, liaising with the ICO, and negotiating a settlement.
- Representing clients in court – Many claims settle out of court. However, if the claim goes to court, a data breach solicitor can represent clients in court and argue their case.
How Could A Data Breach Solicitor Make The Claims Process Less Stressful?
The claims process can be stressful and overwhelming, especially for those who have never been involved in a legal process before. Using a data breach solicitor can help to make the process less stressful by providing guidance and support throughout.
When hiring a data breach solicitor, it is important to ask questions to gain a better understanding of their experience and expertise. This can help to build trust and confidence in the solicitor, and ensure that they are the right fit for your case.
Do I Need To Use A Data Breach Solicitor Near Me?
In today’s digital age, using a data breach solicitor near you is no longer necessary. Our advisors can connect eligible individuals with data breach solicitors that match what they’re looking for, regardless of their location.
Red Flags To Watch Out For When Choosing A Solicitor
While it’s important to choose a data breach solicitor who can help you navigate the claims process and achieve a fair settlement, it’s also important to be aware of red flags that may indicate that a particular solicitor is not the right fit for you. Some red flags to watch out for include:
- Lack of transparency: If a solicitor is not willing to provide clear information about their fees, experience, or track record, this may be a sign that they are not trustworthy.
- Unrealistic promises: If a solicitor promises that they can guarantee a particular outcome or that they can get you a much larger settlement than other solicitors, be wary. Data breach claims are complex, and it’s impossible to guarantee a particular outcome.
- High-pressure sales tactics: If a solicitor pressures you to sign on as a client immediately, without giving you time to think about your options or ask questions, this may be a sign that they are more interested in making a quick profit than in helping you achieve a fair settlement.
To avoid these red flags, it’s a good idea to do your research before hiring a data breach solicitor. Look for solicitors who have a good reputation in the industry, and who are willing to provide clear, honest information about their fees and experience.
The Role Of Data Breach Solicitors In Negotiating Compensation Payouts
One of the key roles of a data breach solicitor is to help you value your compensation claim and negotiate a settlement with the organisation responsible for the data breach. In order to do this, your solicitor will need to understand the damages you have suffered as a result of the breach, and the financial impact of those damages.
Some of the damages that may be claimable in a data breach claim include:
- Financial losses – If the data breach has resulted in you losing money, such as through fraud or identity theft, you may be able to claim compensation for those losses.
- Emotional distress – If the data breach has caused you emotional distress, such as anxiety or depression, you may be able to claim compensation for that distress.
- Loss of privacy – If the data breach has resulted in your personal information being shared or sold to third parties without your consent, you may be able to claim compensation for the loss of your privacy.
The figures for non-material damages in data breach claims can be influenced by the Judicial College Guidelines. These can used by solicitors and courts to help value compensation claims. We’ve included some guideline brackets for psychological injuries below:
- PTSD – Severe – £59,860 to £100,670
- PTSD – Moderately Severe – £23,150 to £59,860
- PTSD – Moderate – £8,180 to £23,150
- PTSD – Less Severe – £3,950 to £8,180
However, it’s important to note that these figures are only rough guides, and that the actual amount of compensation you are awarded will depend on a range of factors, including the severity of the harm you have suffered.
To get a better idea of the compensation you may be entitled to in your specific case, it’s a good idea to get in touch with a data breach solicitor who can provide you with a personalised estimate.
The Role Of A Data Breach Solicitor In No Win No Fee Claims
If you’re considering making a data breach claim, you may be wondering whether you’ll need to pay upfront for legal assistance. The good news is that many data breach solicitors offer No Win No Fee agreements, which means that you will only need to pay your solicitor if your claim is successful.
Under a No Win No Fee agreement called a Conditional Fee Agreement (CFA), your solicitor will agree to take on your case without charging you any upfront fees. Instead, they will be paid a success fee if your claim is successful. Furthermore, the success fee is capped by law at a maximum of 25% of your compensation award. Therefore, you can be confident that you won’t be hit with an unexpectedly high bill if your claim is successful.
If you’re interested in making a No Win No Fee data breach claim, our advisors can connect you with a solicitor from our panel who specialises in this area of the law.
What Is The Role Of A Data Breach Solicitor? Further Guidance
Finally, we hope we’ve answered your questions about what is the role of a data breach solicitor. Furthermore, if you’d like to read more about data breaches, you can visit the links below.
Data Breach Compensation Calculator – If you’d like further guidance on calculating compensation for a data breach claim, this guide could help.
Health Data – Healthcare data breaches can be significant. You can learn about your data rights in this guide.
Personal Data Breaches – The ICO provides lots of guidance and advice on personal data breaches. You can find some of this guidance here.
Stress Due To A Data Breach – Stress could be common after a data breach. Learn more about what evidence you would need to claim for data breach stress.
Credit Card Data Breach – Financial data breaches such as credit card breaches could have severe consequences. Here, you can learn about claiming for such a breach.
Identity Theft – Finally, if you would like to learn more about identity theft, you can find further insight here on the ICO website.