Welcome to this guide on claiming data breach compensation for data breaches in online shopping sites. With the increasing use of online shopping, the likelihood of experiencing a data breach has also grown. A personal data breach occurs when personal information such as name, address, email, phone number, and financial information is exposed to unauthorised individuals. Cybercriminals may exploit vulnerabilities in a company’s security system to gain access to sensitive data. This data can then be sold on the dark web or used for fraudulent purposes, such as identity theft or financial fraud. Or, it can happen due to human error, when shopping sites mistakenly send e-mails to incorrect recipients, for example.
The harm caused by data breaches can be significant, ranging from financial loss to reputational damage. Cybercriminals can use the stolen data to access bank accounts, apply for loans, and make purchases in the victim’s name, leading to financial loss and distress. Moreover, the exposure of sensitive personal data can cause emotional distress and lead to reputational damage if the data is made public.
If you have suffered harm due to a data breach in an online shopping site, you may be entitled to compensation. This guide will explore who might be able to claim compensation if their personal data is exposed to an unauthorised party for the harm it causes them. It will also include details of what evidence you may need to claim. You can get in touch with an advisor from our team to ask any questions you might have, or start a claim today by:
What Is An Online Shopping Site Data Breach?
Online shopping has become a common practice for people all over the world, offering convenience and accessibility. However, with the increasing use of technology and the collection of personal data, the risk of data breaches in online shopping sites has also risen. A data breach occurs when personal data, such as name, address, phone number, email, or financial information, is accessed, stolen, or disclosed by an unauthorised person or entity.
Under the Data Protection Act 2018, organisation have a legal obligation to ensure the security and protection of the personal data they collect from their customers. This includes implementing appropriate security measures, informing customers of any potential risks, and notifying the relevant authorities if a data breach occurs.
However, some shopping sites and apps collect personal data that might include enough information for someone to commit identity theft, fraud, or other criminal activities. The harm caused by a data breach can range from financial loss to psychological distress. Cybercriminals can use the stolen data to access bank accounts, apply for loans, make purchases, and carry out other illegal activities, leading to financial loss and distress. The exposure of sensitive personal data can also cause emotional distress, lead to reputational damage, or expose individuals to targeted phishing scams.
Who Could Claim Data Breach Compensation For Data Breaches On Online Shopping Sites?
To claim compensation for a data protection breach, you would have to prove that the organisation in question was at fault for the breach, and that you suffered financial loss or psychological harm as a result of the breach. This requires providing evidence of the breach, the harm suffered, and a causal link between the two. It is important to note that not every data breach will result in compensation, and it is necessary to prove negligence or wrongdoing on the part of the organisation responsible for the breach.
How Long Do I Have To Claim Data Breach Compensation For Online Shopping Sites Breaches
If you have suffered harm due to a data breach, it is essential to act quickly. Under the Limitation Act 1980, you generally have six years from the date of the breach to make a claim for compensation. However, the time frame for making a claim may be shorter in certain cases, such as for public bodies or in cases of human rights violations. Therefore, it is important to seek legal advice promptly if you believe you may have a valid claim.
How Could An Online Shopping Site Breach Personal Data?
There are several ways in which an online shopping website could expose personal data. Here are some of the most common:
- Hackers can gain unauthorised access to an online shopping website’s database and steal personal data, including names, addresses, email addresses, and credit card information.
- Phishing scams can trick users into revealing their personal data by sending fake emails or creating fake websites that look like legitimate online shopping sites.
- Malware, such as viruses and spyware, can infect an online shopping website and allow hackers to steal personal data.
- Unsecured Wi-Fi networks can be exploited by hackers, who can intercept personal data being transmitted over the network.
- If an online shopping website has weak password policies, it could make it easier for hackers to guess or crack passwords and gain access to personal data.
- If an online shopping website shares personal data with third-party companies or services, those companies or services could experience data breaches that expose personal data.
- Employees or contractors with access to an online shopping website’s database could intentionally or unintentionally expose personal data.
- If an online shopping website does not encrypt personal data, it could be easier for hackers to steal and use for malicious purposes.
If an online shopping website acts wrongfully and exposes personal data, the affected individuals may be entitled to claim compensation for any harm suffered as a result.
What Compensation Could I Receive For A Online Retail Data Breach Claim?
If you are considering making a claim for compensation following a shopping website data breach, one important aspect to consider is how to calculate the damages you may be entitled to.
Here are some of the factors that you may want to consider when calculating your damages:
- Financial losses – If your personal data has been exposed as a result of a shopping website data breach, you may have suffered financial losses, such as unauthorised charges on your credit card or identity theft. You may be able to claim compensation for these losses, including any costs you have incurred in rectifying the situation, such as the cost of changing your bank details or credit cards.
- Emotional distress: A shopping website data breach can be a stressful and traumatic experience, especially if your personal data has been misused by third parties. If you have suffered emotional distress as a result of the data breach, you may be able to claim compensation for this.
Calculating damages in a shopping website data breach claim can be complex, and it is important to seek legal advice to ensure that you are claiming the full amount of compensation that you are entitled to.
The Judicial College Guidelines And Data Breach Compensation
The Judicial College Guidelines are a set of guidelines used by courts in England and Wales to calculate the appropriate level of compensation for various types of personal injury claims, including claims for data breach compensation.
When it comes to data breach compensation claims, the Judicial College Guidelines can be used as a starting point for calculating the appropriate level of compensation. For example, if a claimant has suffered emotional distress as a result of a data breach, the guidelines may suggest a range of compensation amounts based on the severity of the distress, ranging from a few hundred to several thousand pounds. Examples of such guidelines can be found below:
- Severe psychological injuries- £54,830 to £115,730
- Moderately Severe psychological injuries – £19,070 to £54,830
- Moderate psychological injuries – £5,860 to £19,070
- Less Severe psychological injuries- £1,540 to £5,860
However, it is important to note that the guidelines are only a starting point, and the final level of compensation awarded will depend on the specific circumstances of the case.
No Win No Fee Claims – Start Yours Today
Making a data breach compensation claim can be a daunting prospect, particularly if you are worried about the costs involved. This is where a No Win No Fee solicitor can be a valuable ally.
Under a Conditional Fee Agreement, also known as a No Win No Fee agreement, the solicitor will take on your case without charging any upfront fees. Instead, they will only be paid if they are successful in securing compensation for you. If your claim is unsuccessful, you will not have to pay for their work.
The Conditional Fee Agreements Order 2013 provides the legal framework for No Win No Fee agreements in England and Wales, and ensures that claimants are protected from excessive legal costs.
If you think you might have a valid claim for data breach compensation, an advisor can connect you with a No Win No Fee solicitor who specialises in this area. They will be able to provide you with expert advice and guidance throughout the claims process, and help you to secure the compensation you are entitled to.
Further Insight Into Data Breach Compensation For Online Shopping Sites Data Breaches
Data Breach Compensation Calculator – Information on calculating data breach compensation.
Stress Due To A Data Breach – Guidance on claiming for the stress caused by a breach of your data.
Credit Card Data Breach – Learn about claiming for the impacts of a breach or credit card data.
Identity Theft – You can learn more about the impact here.
Personal Data Breach – Information from the ICO on what constitutes a personal data breach.
Be Data Aware – Learn more about protecting your data online.