A company email data breach can be a distressing experience, particularly if it results in harm to the victim. It is a type of data breach where an individual’s personal data, usually in the form of an email, is accessed by an unauthorised third party. In such a case, the victim may be entitled to compensation if the breach resulted from wrongful action by an organisation.
This guide aims to provide a clear and concise overview of company email data breach claims in England and Wales. We will explain the law that organisations must follow to protect personal data and how a breach can occur due to wrongful action.
Furthermore, we will cover the damages that could be awarded in a successful claim and how a victim can pursue a claim for data breach compensation. We will also explain how we can help connect individuals with a data breach solicitor who could take on their case under a No Win No Fee agreement, making it a risk-free option for those who are eligible.
Whether you’re a member of the public, a student or an employee affected by a company email data breach, this guide aims to provide the information you need to understand your rights and options. Should you have questions or want to check your eligibility to claim, you can reach us in any of the ways below:
What Is A Company Email Data Breach?
The Data Protection Act 2018 is a law in England and Wales that aims to protect personal data and prevent its misuse. This law provides individuals with a legal basis for launching a case for compensation if they have suffered harm as a result of a data breach caused by wrongful action on the part of a data controller.
A company email data breach can involve various scenarios, including unauthorised access to an individual’s email account, accidental disclosure of sensitive information to the wrong recipient, or a deliberate breach by an employee or third party. The harm caused by a company email data breach can range from emotional distress, financial loss, damage to reputation, identity theft, and fraud.
The impact of a data breach can be long-lasting and far-reaching, affecting not only the individual whose data has been compromised but also their family members and colleagues. For instance, an email containing sensitive information about an employee’s health condition or financial details can cause them to feel anxious, or distressed. In some cases, this information could lead to discrimination or negative consequences, such as losing their job or being denied access to healthcare.
The Data Protection Act 2018 recognises the importance of protecting personal data and provides individuals with the right to seek compensation for the harm caused by a data breach. This means that if an individual has suffered harm due to a company email data breach caused by wrongful action on the part of the data controller, they may have a valid claim for compensation.
Are There Time Limits For Claiming For A Company Email Data Breach?
There are time limits for claiming compensation for a company email data breach, which are set out in the Limitation Act 1980. According to the Act, the time limit for making a claim is usually six years from the date of the breach. This means that if a company email data breach occurred more than six years ago, it may not be possible to make a claim for compensation.
However, there are some exceptions to this rule. In some cases, the time limit could be extended, whereas in others, it may be as short as one year.
It is important to seek legal advice as soon as possible if you believe you have a claim for compensation for a company email data breach. Please call an advisor to find out how long you could have to claim.
Who Could Be Affected By A Company Email Data Breach?
A company email data breach can impact a wide range of individuals who may have their personal information compromised. Victims could include customers of the organisation, students at a university, members of the public, or employees of an organisation.
A company’s customers could have their personal information, such as name, address, and payment details, compromised in a data breach. This could occur due to the wrongful actions of the organisation, such as a lack of proper security measures or employee negligence. For example, if an employee accidentally sends out an email to customers with sensitive information, such as credit card details, this could result in a data breach.
Similarly, students at a university could have their personal information, such as grades and contact details, compromised in a data breach. This could occur due to the wrongful actions of the university, such as a lack of proper security measures or employee negligence. For example, if an administrator accidentally sends out an email to students with sensitive information, this could result in a data breach.
Members of the public could also be impacted by a company email data breach. For example, if a government agency accidentally sends out an email to the public with sensitive information, such as social security numbers, this could result in a data breach.
Finally, employees of an organisation could also have their personal information compromised in a data breach. This could occur due to the wrongful actions of the organisation, such as a lack of proper security measures or employee negligence. For example, if an HR employee accidentally sends out an email to all employees with sensitive information, such as disciplinary details, this could result in a data breach.
What To Do If You’ve Been Affected
If you believe a company email data breach has impacted you, it is important to seek legal advice. Our advisors can help you understand your legal rights and options for seeking compensation. We can also help you navigate the complex legal process of claiming compensation for the harm a data breach has caused you.
How Much Compensation Could I Receive?
The amount of compensation you can receive for a data breach by a company may be affected by different factors. These include the type and extent of the breach, how it has impacted you, and any associated losses or expenses incurred as a result.
There are two primary types of compensation for a data breach claim: material and non-material damages. Material damages refer to financial losses or expenses incurred due to the breach, such as unauthorised charges on your bank account or the cost of credit file repair. The compensation amount for material damages will depend on the actual amount of losses or expenses that can be proven.
Non-material damages refer to emotional distress or loss of privacy. The compensation amount for non-material damages will depend on the severity and impact of the breach on your emotional well-being. For example, the amount of compensation for psychological injury resulting from a data breach can vary and is influenced by several factors. The Judicial College Guidelines provide an estimate for compensation brackets based on the severity of the psychological harm suffered, ranging from £1,540 to £115,730.
It is important to note that these figures only provide general guidance on appropriate compensation amounts for specific levels of psychological harm. The actual amount of compensation you may receive may vary, depending on the unique circumstances of your case.
No Win No Fee Company Email Data Breach Claims
If you have been affected by a company email data breach, you may be entitled to compensation. While it is possible to make a claim on your own, many people prefer to work with experienced data breach solicitors to help them with the process.
Our panel of data breach solicitors are well-versed in handling company email data breach claims and can work with you under a No Win No Fee agreement, such as a Conditional Fee Agreement (CFA). This means that you won’t have to pay anything upfront, and you will only be required to pay the solicitor for their work if your claim is successful. If your claim is unsuccessful, you won’t be responsible for such fees.
One of the benefits of working with our data breach solicitors under a No Win No Fee agreement is that the fees will be capped by the Conditional Fee Agreements Order 2013. This means that you won’t have to worry about being charged excessive fees, and you can rest assured that the amount you pay will be fair and reasonable.
Contact us today to discuss your options and start your claim.
Further Guidance On Company Email Data Breach Claims
Secure Email Guidance – Find insight from the government into making email safe.
Personal Data Breach Examples – Insight from the ICO into data breach examples.
Email Marketing Rules – ICO – Find out whether marketing emails are within the rules.
Wage data breach – Have you been impacted by a breach of your wage data? This guide could help.
Wrong Email Address Data Breach – Learn whether you could claim for a wrong email address breach.
Email Data Breach – General guidance on email data breach claims.