If you’re looking for information on claiming data breach compensation, you’ve found the right page.
Below, we’ll explain more about data breach law, such as defining what a data breach is, what damage you can claim for and how we can help you via our No Win No Fee service.
Remember, we have a team of dedicated data breach advisers standing by to help if you have any questions or would like more information. And if you’d like to make a claim, they can help you too by connecting you with our panel of specialist data breach lawyers.
You can speak to them in any of the following ways:
- Call us on 0800 408 7827
- Write to us about your case by heading to our contact us page
- Or chat with us now using our live chat
What Is The Definition Of A Data Breach?
Data breaches are becoming more and more common, and it’s unsurprising given the number of different organisations we choose to share our data with. From airlines to local government to social media companies like Facebook and LinkedIn, we trust that our data will be kept safe and secure.
But there are myriad threats to the security of our data. Organisations are regularly targeted by hackers who steal private information, hold it for ransom or seek to sell it for profit on the likes of the Dark Web. One recent example which made news headlines was the Marriott International data breach, which saw an estimated 339 million guest records exposed in a 4-year cyberattack.
It isn’t just hackers that organisations need to be mindful of, however. Physical data breaches can happen too, such as the Doorstop Dispensaree data breach which involved a pharmacy failing to secure a storage container filled with confidential patient records.
The Information Commissioner’s Office (ICO), which is responsible for taking enforcement action against violators of data protection legislation, defines a data breach as:
An accidenal or deliberate breach of security that leads to the destruction, alteration, loss, unathorised disclosure of, or access to, personal data.
If you go on to suffer damage to your finances or to your mental health (such as distress, depression or anxiety), you could have grounds to pursue a data breach compensation claim. And this is something that we can help you with.
Examples Of Data Breaches In The UK
We touched upon a couple of significant data breaches in the previous section. Here, we wanted to share with you a few more examples of recent data breaches impacting UK organisations.
- The University of Greenwich was fined £120,000 for a serious data breach in which 20,000 people’s personal data was exposed following the failure to delete or secure an internal website.
- British Airways was fined £20m in response to a failure to protect the personal and financial information of around 400,000 customers. There were inadequate security measures in place which was compounded by a cyber-attack in 2018.
- Ticketmaster UK received a fine of £1.25m for failing to protect customer payment details.
- The mobile network firm EE Limited was fined £100,00 for sending around 2.5m direct marketing messages to customers without first obtaining their consent.
What Types Of Damage Can You Include In Data Breach Compensation Claims?
As per data protection law, such as the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR), those who use and process your personal data have a responsibility to protect it. This includes data controllers and data processors.
Previously, the EU brought in the General Data Protection Regulation (GDPR) as a directive. However, since the UK left the European union, an updated version of the DPA and the UK GDPR sit alongside each other to monitor how data processors and controllers use your personal data.
The Data Protection Act states that compensation can be sought for ‘damage’, and defines the word as that relating to finances and mental health (such as depression, stress or anxiety).
It is, therefore, possible to claim for either form of damage, meaning you needn’t have suffered financial harm in order to claim for psychological suffering, which was the law up until 2015.
Assessing financial damage can be quite tricky. If money has been taken from your bank accounts, or if credit has been applied for in your name, these things can easily be assessed. But the full impact may not be apparent until months or years down the line. It can, therefore, help to have a data breach solicitor on your side to ensure you cover all bases.
When it comes to determining the value of psychological harm, such as anxiety, stress and even conditions like post-traumatic stress disorder (PTSD), it would be necessary to undergo an evaluation with an independent medical expert. This would be arranged as part of your claim, and if you choose to work with us, we will ensure your appointment is as close to your home as possible.
The purpose of this assessment is to determine how much you have suffered so far because of the data breach, the impact it has had on your social life, employment or education, and how long it will take for you to recover, if at all.
If you’d like to discuss potential data breach compensation payouts for your case, we recommend getting in touch with our team of advisers. You may come across some sites offering ‘compensation calculators’, but such tools can produce misleading results, so we recommend you exercise a degree of caution.
It’s far better to chat with trained legal advisers such as our own. We can discuss the ins and outs of your case, assess the strengths and weaknesses, and come up with a more accurate valuation that you can rely on.
Simply call us on the number at the top of this page.
How Long Do I Have To Make A Data Breach Claim?
If you seek compensation for a data breach, you must begin your claim within the limitation periods set out in the Limitation Act 1980. Failing to do so could result in your data breach claim being time-barred, so it’s important that you act sooner rather than later.
Generally, you have up to six years to start your claim. However, if claiming against a public body, you would have one year to begin the claims process.
A data breach lawyer from our panel could help you claim data breach compensation. Just speak to our advisors for a free initial consultation to verify whether you have an eligible claim.
How Much Compensation Can You Get After A GDPR Breach?
You could use a data breach compensation calculator to see what you could receive from a successful claim. These tools can prove useful. However, in some cases they can be inaccurate, which is why we’ve supplied information from the Judicial College Guidelines below.
Lawyers and solicitors often use the guidelines to provide examples of average data breach compensation amounts. However, please bear in mind that the below figures are compensation brackets only relate to successful claims in Wales and England.
These figures have been taken from the latest guidelines, published in 2022. They only relate to potential compensation for non-material damages and can only give you an idea of what you could receive. This is because the complexities of the claims process means that every claim is different.
|Injury Type||Severity||Compensation Bracket||Features of Injury|
|General Psychiatric Damage||Severe||£54,830 to £115,730||Prognosis will be very poor due to being unable to cope with life and because the reaction to treatment has not been successful.|
|General Psychiatric Damage||Moderately Severe||£19,070 to £54,830||Significant problems to relationships with friends and family and their ability to cope with life persist. However, the prognosis will be more optimistic than in more severe cases.|
|General Psychiatric Damage||Moderate||£5,860 to £19,070||Prognosis will be good because there has been a significant improvement due to a positive reaction to treatment.|
|General Psychiatric Damage||Less Severe||£1,540 to £5,860||The extent to which sleep and daily activities are affected are two aspects that will determine the compensation figure.|
|PTSD||Moderately Severe||£23,150 to £59,860||Better prognosis will be achieved by getting professional help.|
|PTSD||Moderate||£8,180 to £23,150||Any continuing symptoms will not be particularly difficult to deal with as the injured person will have mostly recovered.|
|PTSD||Less Severe||£3,950 to £8,180||Almost a full recovery has been achieved within a year or two.|
To learn more about what you could receive, you could contact us for legal advice that is completely free using the details above. They can discuss data breach compensation amounts in the UK.
How To Start A Claim For A Data Breach
If you choose to work with us here at Data Breach Law, the process of starting a claim couldn’t be easier.
All you have to do is get in touch using any of the following contact methods:
- Call us on 0800 408 7827
- Write to us about your case by heading to our contact us page
- Or chat with us now using our live chat
From there we’ll discuss your case with you in detail. Once we know a bit more about it, we can evaluate the prospects of you succeeding if you took your case further. If you did wish to pursue a claim, we can connect you with our panel of specialist data breach solicitors.
From there, you’ll discuss your claim further with your newly appointed solicitor. They’ll explain the process to you and will keep you fully informed throughout. Your lawyer will make all arrangements for you to be medically examined (if necessary in your case), and will obtain all evidence needed to prove the failings of the defendant.
While it’s not necessary to use a lawyer to make a claim, it can certainly help, not to mention save you plenty of headaches and potentially money too.
Learn More About Data Breach Law
Below, we’ve included links to some other resources that you may find useful, as well as some of our own guides if you wanted to learn a bit more about making a data breach claim.
- A Guide to Data Breaches from the National Cyber Security Centre
- A Government Guide to Making A Complaint Following A Data Breach
- Information On Data Security Breaches From The ICO
You can check out more of our guides below:
- Data Breach FAQs – Frequently Asked Questions
- How Much Could My Data Breach Claim Be Worth?
- How To Use A Data Breach Compensation Calculator
- Payouts For Mortgage Broker Data Breach Claims
- How To Report A Data Breach
- How To Claim For A Medical Conditions Data Breach
- Payouts For Debt And Arrears Data Breach Claims
- Can I Claim Compensation For A Data Breach?
- How To Claim For A Disciplinary Information Data Breach
- Children In Care Data Breach Claims
- A Guide To Police Data Breach Claims
- How To Claim For A Tax Information Data Breach
- Credit Score Data Breach Claims
- No Win No Fee Data Breach Claims Explained
- Can I Claim For A Disciplinary Records Data Breach?
- What Is A Data Protection Breach?
- Can I Claim For An Accountant Data Breach?
- Medical Records Data Breach Claims Explained
- NHS Data Breach Compensation Claims Guide
- Could I Claim For A Sexuality Data Breach?
- Head here to learn about claiming compensation for a salary data breach. This could be useful if you’ve lost money because of a breach
- If you’ve been impacted by a loan company data breach, this guide to claiming compensation could be useful
- If your data has been subjected to accidental destruction, you could be entitled to compensation. This guide explains your legal rights in detail
- If a letter containing sensitive data has been sent to the wrong address, you could be entitled to compensation if you suffered distress
- If a charity has breached your data, you could be entitled to claim compensation against them
- To see more examples of accidental data breaches, head here. You can also find guidance on making a data breach claim
- If your personal information has been exposed in a database data breach, you can learn about your legal rights here
- If your password is exposed in a data breach, you could make a claim if you’ve suffered financial or psychological damage. This guide explains more
- Personal information can also be exposed in an email data breach. You can find lots of useful information on that here
- Airports and airlines hold a lot of data on people. If your information has been exposed, you could make an airport data breach claim
- Hotels also hold an awful lot of information on customers, such as passports and financial data. If your information has been exposed you could make a hotel data breach claim
- If your medical information has been exposed in a breach, you could also seek compensation for the harm caused
- This guide also offers useful information on your legal rights if you’ve been impacted by a medical data breach
- If a company has misused your personal data, you could sue them for compensation. Learn how here
- If personal information is sent to the wrong email address, a data breach may have occurred. If so, you could make a claim for compensation
- If a device is lost or stolen and contains personal data, it could expose your information. It’s also possible to claim compensation for this too
- This guide focuses more specifically on stolen devices containing sensitive data and offers information on compensation awards
- If you’re waiting for someone to send you a new passport, or a copy of your existing one, and it gets lost, you could claim compensation for any distress caused
- If a mortgage company has breached your data, you could make a data protection breach claim against them
- An optician data breach could have significant consequences for patients. Learn about your legal rights in this guide
- Likewise, a psychiatrist data breach could also cause significant distress, especially in light of the sensitive information they hold
- The same is true in relation to counsellors and data breaches. These individuals can hold distressing information that needs to be protected. If it gets exposed you could sue them
- If your medical records have been stolen, you could claim compensation if you can show it was the fault of a third party
- If your personal data has been breached, you can find lots of useful information on what legal action you can take here
- An employer can breach GDPR in different ways. If you’ve been impacted, you could hold them to account by making a data breach claim. Find out more here.
- If a company email has breached your data, you could make a claim if it was their fault
- This guide explains what to do if your political beliefs have been exposed by a data breach
- If you’re looking to work with data breach solicitors ‘near me’, you can find some useful guidance on what to look for. And you can also get in touch with us too.
- If you’re looking for information on claiming compensation for the loss of medical records, head here
- For guidance on whether or not sharing an email address is a breach of GDPR, head here. You can also find details of compensation payouts
- If you’ve experienced stress due to a data breach, you could make a claim. Learn more here
- A foster care data breach can cause serious damage to individuals and families. Learn about your legal rights here
- If your sort code is exposed in a data breach, you could make a claim for compensation if you’ve suffered harm as a result
- Exposing a person’s religious beliefs in a data breach could cause serious distress. Learn if you can claim compensation here
- Head here to learn how to claim compensation for a data breach
- For more advice on claiming data protection breach compensation, head here
- This guide offers crucial advice on the data breach compensation claims process which you may find insightful
- If you’re looking to connect with data breach compensation solicitors, head here
- If you’d like to make a claim but are curious about data breach compensation amounts, head here to learn more
- Data breach claims are subject to a time limit. Find out what it is here
- Discover more about the average data breach compensation payout here
- For a breakdown of data breach compensation law, head here
- To learn how much compensation you can claim for a data breach, head here
- If your credit card data has been breached, you could make a claim. This guide offers lots of useful insights on what you need to do
- Universities hold a massive amount of personal data, from medical records to financial data. Over the years they’ve been subjected to big data breaches impacting student and staff information. You can learn how to claim for a university data breach here.
- Like a university, schools also hold lots of personal and special data on their pupils and staff. A school data breach can therefore be very damaging. To learn about your legal rights, head here.
- Another organisation that holds lots of personal data is your local council. This can include social services information as well as rental and social housing agreements and council tax data. A breach of GDPR can therefore be very damaging. Head here to learn more about council data breaches.
- With so much of our lives spent online, the websites we visit store and collect vast amounts of data. If any of that gets into the wrong hands there could be consequences for the impacted individuals. This guide offers help and answers on what to do after a website data breach.
- If you’re a member of a trade union and your membership details have been breached, you could make a claim.