A Guide On Claiming Compensation With Data Breach Solicitors

Are you interested in knowing how data breach solicitors could help you? Would you like to check how much you could claim after a breach of your personal data? If so, this guide could help.

Firstly, we begin by explaining the advantages of working with a skilled data breach solicitor from our panel. We also look at who is eligible to launch a claim after a data breach with the help of an expert solicitor.

We move on to looking at how compensation is calculated to address the harm caused by a data breach. After this, we explain what evidence you will need to assemble a claim. Also, the types of data breach claims that solicitors can help with.

In addition to all this, we describe the steps you could take after a personal data breach when you’re looking to claim compensation.

Please feel free to get in touch at any point as you read. An advisor can provide an immediate assessment of your claim and potentially connect you to a solicitor today. Simply:

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Browse Our Guide

  1. How Can Data Breach Solicitors Help You?
  2. Why Choose Us To Make A No Win No Fee Data Breach Claim?
  3. What Are The Types Of Data Breach Claims We Can Help With?
  4. Who Can Claim Compensation With Data Breach Solicitors?
  5. How Much Data Breach Compensation Could You Receive?
  6. What Do You Need To Claim For A Data Breach?
  7. Read More About How To Use Data Breach Solicitors

How Can Data Breach Solicitors Help You?

There are a variety of ways that data breach solicitors could help you build your claim. Anyone is free to represent themselves in a case. However, the expertise and accumulated knowledge of legal professionals who regularly handle data breach claims can help.

For example, you could benefit from the following services if you instruct a solicitor from our panel:

  • Help with gathering evidence and building your case.
  • Having correspondence sent on your behalf.
  • Ensuring your claim is brought forward within the correct time frame.
  • Ensuring your claim is valued accurately and all losses are accounted for.
  • Providing regular updates on your case as it proceeds.

Typically, the solicitors on our panel only take up claims that have a reasonably good chance of success, so no one has their time wasted.

Additionally, they can offer all these benefits under a type of No Win No Fee contract. Read on to learn more about what this means.

Why Choose Us To Make A No Win No Fee Data Breach Claim?

The experienced data breach solicitors on our panel could offer their services under a No Win No Fee contract, if you have valid grounds to pursue a claim. The particular kind of contract they offer is called a Conditional Fee Agreement (CFA).

Conditional Fee Agreements allow you to access the services of a skilled solicitor without the worry of any upfront or ongoing fees for their services. Also, if the claim outcome is negative, you don’t need to pay for the work completed by the solicitor.

Under the agreed terms of a CFA, a success fee applies if the claim wins. This is deducted as a percentage from the awarded compensation and is legally capped. This means you are always the one who benefits the most from a successful outcome.

Get in touch to see if you meet the eligibility criteria to make a data breach claim with a solicitor.

What Are The Types Of Data Breach Claims Can We Help With?

There are several types of personal data breaches our panel of data breach solicitors could handle claims for. For example:

  • Financial data breaches – These can include cases in which your credit or debit card details or other banking details are compromised leading to money being stolen from your account or fraudulent purposes being made on your credit card.
  • Medical data breaches – This could involve data concerning your physical and/or mental health being compromised.
  • Employment data breach –  Your employer must adhere to data protection laws. Failure to do so could result in your personal data becoming breached, such as biometric data used for identification purposes.

Data breaches can occur through human error or as a result of poor cyber security. However, it’s important to note that in order for a claim to be valid, certain criteria need to be met.

Read on to learn more or to discuss your specific case, please get in touch using the number above.

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Who Can Claim Compensation With Data Breach Solicitors?

Personal data is any information that can be used to identify you. It is protected by the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA), two pieces of data protection legislation.

Data controllers, those setting the purpose and means for processing, and data processors, those processing the data on the controller’s behalf, must adhere to the DPA and UK GDPR. If they fail to do so through accidental or deliberate actions, this can be classed as wrongful conduct which can then lead to a personal data breach.

The Information Commissioner’s Office (ICO), the independent body set up to uphold data subjects information rights and freedoms, define personal data breaches as security incidents which impact the confidentiality and integrity of personal data, as well as it’s availability.

In order to have a valid data breach claim, you must be able to prove:

  • The controller or processor failed to uphold their obligations to adhere to the DPA and UK GDPR.
  • Due to this wrongful conduct, a breach compromised your personal data.
  • As a direct result, you suffered financial damage, emotional injury or both.

What Personal Data Can Be Affected By A Breach Of The Data Protection Act?

As mentioned, personal data is any information that can be used to identify you. Common examples include your:

  • Name.
  • Contact details, such as your phone number, email address, and postal address.
  • Bank details, such as credit card details or debit card numbers.
  • National Insurance number.

Additionally, there is special category data which is more sensitive information and therefore given a higher level of protection. Examples of this include:

  • Personal data revealing your racial or ethnic origin.
  • Genetic data.
  • Biometric data used for identification purposes.
  • Data concerning your health, such as your medical records.
  • Data concerning your sex life.

The impact of having personal data compromised in a breach can be financial, such as lost earnings incurred due to time taken off work to recover from the stress of the breach. There can also be a psychological impact, such as a claimant who has suffered distress or anxiety when sensitive data is breached.

If you’re eligible to claim, you could receive compensation that addresses the ways the breach of personal data has affected you.

How Much Data Breach Compensation Could You Receive?

A claim for data breach that is successful means you could receive compensation for two types of harm. Non-material damage refers to psychological harm caused by the data breach incident. This can include emotional distress, or serious and lasting damage, such as post-traumatic stress disorder. Those tasked with applying a value to this can refer to the available medical evidence that details your diagnosed mental health injury.

Another tool used is the Judicial College Guidelines (JCG). This is a publication which gives guideline compensation amounts for different injuries.

Below, you’ll find an excerpt from this publication. Please keep in mind that every compensation claim amount will differ from case to case. Also, the top entry comes from a different source than the JCG.

Award Bracket Guidelines

Type of InjurySeverity LevelNotesAward Bracket Guidelines
Severe Psychological Damage as well as Substantial Financial LossesSevereSettlements in this bracket can include compensation for a significant level of psychological harm and the associated significant financial losses that stem from it, such as lost income.Up to £250,000 plus
General Psychological Injury(a) SevereThe person will have a very poor future prognosis and marked problems impacting several areas of their life.£54,830 to £115,730
(b)Moderately SevereWhilst there will have been significant problems across different aspects of the person's life, the prognosis is better.£19,070 to £54,830
(c) ModerateA substantial improvement and a good prognosis.£5,860 to £19,070
(d) Less SevereThe award given here reflects how long the person was affected and to what extent it has impacted sleep and their daily activities. £1,540 to £5,860
Post-Traumatic Stress Disorder (PTSD)(a) SevereThe person is unable to function at a pre-trauma level and all aspects of their life are badly and permanently affected.£59,860 to £100,670
(b) Moderately SevereCases in this bracket have a more positive future outlook after the person has professional help. However, some effects are still likely to persist and result in a significant level of future disability.£23,150 to £59,860
(c) ModerateA substantial level of  recovery is seen and symptoms that persist are not deemed to be grossly disabling.£8,180 to £23,150
(d) Less SevereNearly a total recovery seen within a 2 year period and only minimal issues persisting beyond this time frame.£3,950 to £8,180

Claiming Compensation For Material Damage

Material damage refers to financial losses. You could be awarded compensation for these losses as well if your claim is successful. Evidence is needed to prove these losses and expenses. Some examples would include:

  • Payslips that show lost earnings caused by being unable to work due to stress.
  • Credit reports that show a damaged score.
  • Bank statements showing fraudulent purchases made on your credit or debit card.

Speak to our team of advisors for personalised guidance on what you could include in your data breach claim. Also, they can advise if data breach solicitors could help.

What Do You Need To Claim For A Data Breach?

The evidence you collect together to support your data breach claim needs to show that wrongful conduct caused a breach of your personal data. It should also highlight any harm you suffered as a result.

As such, taking the following steps can help you gather as much evidence as possible to strengthen your case:

  • All organisations must alert you to a data breach issue if it could put your freedoms and rights at risk. They need to do so without delay. They may do so by sending a letter of notification which can be used as evidence.
  • If you suspect a data breach or are concerned about how an organisation is handling your data, you can contact them directly. Any correspondence you have with them, including emails and letters, can help support your case.
  • If you don’t get a satisfactory response or any response, you can make a complaint to the ICO. They may choose to investigate your concerns, however, they cannot pay compensation. The findings from their investigation can also help support your case.
  • Keep hold of documentation that shows a financial loss caused by the breach. This includes bank statements, credit reports and wage slips.
  • Collect medical evidence that shows the psychological harm you suffered because of the breach, such as medical reports from a doctor.

If your case appears eligible, you could instruct a solicitor to help you with all this. The experienced data breach solicitors from our panel have the essential expertise to ensure that you submit the best claim you can. To learn more, please get in touch on the number above.

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Contact Us For Free Advice 24/7 To See If You Can Make A Data Breach Claim

If you have any other questions after reading our guide, please contact an advisor. They can provide free advice and can also assess your case in a free initial consultation. If they find the case is valid, they could connect you with a solicitor from our panel.

To get in touch, you can:

  • Call 0800 408 7826 at a time that suits you.
  • Use the live chat window below to ask a question.
  •  Contact us online.

Read More About How To Use Data Breach Solicitors

As well as guidance on data breach claims, we also offer information on other types of claims:

Also, we offer some helpful external links:

For further guidance on how data breach solicitors could assist you, please get in touch using the number above.