Welcome to this guide on how to claim data breach compensation for UK GDPR violations under the Data Protection Act 2018. The UK GDPR is a regulation that sets out data protection and privacy rights for individuals in the UK. It is incorporated into UK law by the Data Protection Act 2018.
A violation of the UK GDPR occurs when an organisation fails to comply with any of its provisions. This could happen in several ways, such as failing to obtain proper consent for data processing, not implementing adequate security measures, or failing to report a data breach within the required timeframe.
If you have been a victim of a UK GDPR violation, you may be entitled to compensation for any damages you have suffered. This guide will provide you with the information you need to understand your rights and make a claim for data breach compensation. We will cover the different types of UK GDPR violations that could lead to a claim, the types of damages that are claimable, and how you can make a claim.
If you believe you have a claim for data breach compensation, it is essential to seek advice from an expert advisor. We can provide you with a data breach solicitor from our panel, who will assess your claim and provide you with guidance on how to proceed.
So, if you have been a victim of a UK GDPR violation and want to know more about how to make a claim for compensation, get in touch with us today to speak to one of our expert advisors.
What Is A GDPR Violation And How Could It Lead To Data Breach Compensation?
A breach of the UK GDPR occurs when an organisation or individual responsible for processing personal data fails to comply with any of the provisions set out in the regulation. This could happen in several ways, such as failing to obtain proper consent for data processing, not implementing adequate security measures, or failing to report a data breach within the required timeframe.
A breach of the UK GDPR can expose people’s personal data to unauthorised access or disclosure, potentially resulting in identity theft, financial fraud, or reputational damage.
To be eligible to claim compensation for a breach of the UK GDPR, you must have suffered harm as a result of the breach. The harm can be financial, such as losing money due to identity theft or fraud, or non-financial, such as emotional distress or reputational damage. Additionally, the breach must have resulted from wrongful action by a data controller, such as failing to take reasonable steps to prevent a breach or failing to report it promptly.
It is essential to seek advice from an expert advisor if you believe you have been harmed by a breach of the UK GDPR. They will be able to assess your situation and provide guidance on whether you have a valid claim for compensation.
How Do I Know If My Data Has Been Exposed Due To A GDPR Violation?
If you believe that your personal data has been exposed due to a GDPR violation, there are some steps you can take to confirm whether you have fallen victim and to protect yourself from further harm.
Firstly, look out for any unusual activity on your accounts, such as unexpected transactions or changes to your personal details. This could be a sign that someone has accessed your data and is using it for fraudulent purposes. If you notice any such activity, report it to your bank or financial institution immediately.
Secondly, check your email inbox and spam folder for any messages from companies or organisations that you do not recognise. These may be alerts that your personal data has been compromised in a breach.
Thirdly, check the website of the Information Commissioner’s Office (ICO) for any publicised data breaches.
If you believe you may be eligible to claim compensation for a GDPR violation that has exposed your data, seek advice from an expert advisor. They will be able to assess your situation and advise you on whether you have a valid claim.
What Types Of GDPR Violations Could Lead To Data Breach Compensation?
GDPR violations can occur in both digital and physical contexts. In digital contexts, a violation may occur when an organisation or individual responsible for processing personal data fails to implement adequate cybersecurity measures, allowing unauthorised access to sensitive information.
In physical contexts, a violation may occur when personal data is lost, stolen, or mishandled in a way that compromises its security. For example, leaving sensitive information in an unsecured location.
Wrongful actions that could result in a data breach include:
- Failure to obtain proper consent for data processing – The GDPR requires that organisations obtain explicit and informed consent from individuals before collecting and processing their personal data. Failing to obtain proper consent can lead to a breach of the GDPR.
- Inadequate security measures – Organisations must take reasonable steps to protect personal data from unauthorised access or disclosure. This may include implementing access controls, encryption, and other cybersecurity measures to prevent data breaches.
- Failure to report a data breach – Organisations are required to report any data breaches that risk exposure of personal data to the Information Commissioner’s Office (ICO) within 72 hours of becoming aware of the breach. Failure to report a data breach can lead to a breach of the GDPR.
- Mishandling of personal data – Mishandling of personal data can occur in many ways, such as misplacing documents containing sensitive information, or failing to dispose of documents in a secure manner.
If you believe you have been harmed due to a GDPR violation, seek advice from an expert advisor to determine whether you have a valid claim for compensation.
What Could Data Breach Compensation For GDPR Violations Include?
If you have been the victim of a data breach due to a GDPR violation, you may be eligible to claim compensation for the harm that has been caused. The damages that can be claimed in a data breach claim can vary depending on the specific circumstances of the case.
The GDPR allows for compensation to be claimed for both material and non-material damages. Material damages could include financial loss that has been incurred as a result of the data breach, such as the cost of cancelling credit cards or paying for credit monitoring services.
Non-material damages could include the distress after a data breach and inconvenience caused by the breach. The level of compensation awarded for non-material damages will depend on the severity of the harm caused.
Data Breach Compensation For GDPR Violations – Emotional Distress
The Judicial College Guidelines provide a framework for determining the level of compensation that should be awarded for non-material damages in personal injury cases, including data breach claims.
They list guidelines for general psychological injuries as follows:
- 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
These are only rough guides however. It is important to seek advice from an expert advisor if you believe you may have a valid claim for compensation. They will be able to assess your situation and provide guidance on the types of damages that may be claimable in your case.
No Win No Fee Breach Of Data Claims
No Win No Fee agreements, also known as Conditional Fee Agreements (CFAs), are a popular agreement for individuals to pursue compensation claims with the help of a lawyer. They can be used for data breach claims. The main advantage of a No Win No Fee agreement is that it enables individuals to make a claim without having to pay upfront fior a solicitor’s work, which can be a significant barrier for many people.
Under a No Win No Fee agreement, a solicitor will take on your case with the understanding that they will only receive payment if you win your claim. If your claim is successful, the solicitor’s fees and other associated costs will be paid by the other party, typically an insurer or the party responsible for the breach.
The Conditional Fee Agreements Order 2013 sets out the rules and regulations for No Win No Fee agreements in the UK. This includes a cap on the percentage of damages that can be charged as a success fee, and rules around when and how the success fee can be calculated.
If you believe you may have a valid data breach claim, an advisor from our helpline can assess whether you are eligible to make a claim under a No Win No Fee agreement. They can also provide you with a solicitor from our panel who can assist you in pursuing your claim. Get in touch today to find out more.
Further Information On Data Breach Compensation For GDPR Violations
Data Breach Claims Time Limit – Find out how long you might have to make a claim.
Human Error Data Breach Claims – Could you claim if human error caused a breach of your personal data? Find out here.
Employer Data Breach – Find out how to claim against an employer here.
Data Breach Trends – You can see statistics on the ICO website.
Cyber Security Breaches Survey 2022 – Learn more about data security incidents here.
Latest News – The ICO provides news on data protection here.