What Happens If The UK GDPR Is Breached – A Guide To Claiming Compensation

Last Updated 30th September 2025. If your personal data has been compromised by an organisation, you may be wondering what happens if UK GDPR is breached. Namely, the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA) both exist as the legal framework for data protection laws. Therefore, any breach of this legislation can have distressing, long-lasting effects on your life, such as mental suffering and financial harm. As such, you may be giving some thought to the UK GDPR data breach claims process; fortunately, this process couldn’t be easier.

Our expert panel of solicitors work to ensure that your health and well-being are prioritised throughout the claims process. With decades of experience in helping clients who’ve suffered a data breach, you could also enjoy regular case updates, help with evidence-gathering, and explanations of legal jargon. For an in-depth case analysis from one of our advisors, please don’t hesitate to get in touch. 

What You Need To Know About GDPR Breach Claims

• Who is responsible for enforcing data protection laws? The Information Commissioner’s Office (ICO) is responsible for enforcing; they also have the power to issue monetary penalties for serious data breaches.
• What are the disciplinary actions for a person who caused a UK GDPR breach? An organisation could give warnings, suspend, demote or terminate the employment of an individual who caused a UK GDPR breach.
• Can I claim for PTSD  after a UK GDPR breach? Yes, PTSD can be included as part of your compensation claim, alongside other forms of mental harm.
• Is a UK GDPR breach a criminal offence? Whilst all UK GDPR breaches impose civil penalties, certain data breaches may lead to criminal prosecution, such as unlawfully obtaining or altering data.

Choose A Section Guide

• What Is The Eligibility Criteria To Make A Data Breach Claim?
• What Happens If The UK GDPR Is Breached?
• Examples Of Potential Compensation For Data Breach Claims
• What Evidence Could Help Make A Claim For Data Breach Compensation?
• Claim Data Breach Compensation On A No Win No Fee Basis
• Learn More About What Happens If The UK GDPR Is Breached

What Is The Eligibility Criteria To Make A Data Breach Claim?

To be eligible to claim for data breach compensation, you need to meet three criteria:

The data controller (sets the means and purpose for processing), or data processor (acts on the controller’s instructions), didn’t uphold their responsibilities as laid out in the UK GDPR and DPA 2018.

As a result of their wrongful conduct, your personal data was affected in a breach.

You then experienced monetary losses and/or a psychological injury.

Personal data is defined as any detail about you that used alone or alongside other details might reveal or infer your identity. Examples can include your name, postal address, email address, date of birth and bank details, such as your credit or debit card information. It can also include information that is more sensitive and requires extra protection, such as data concerning your health. This is known as special category data.

Personal data breaches are classed as any instance where the availability, confidentiality, or integrity of your personal data is compromised in a security incident.

If you have evidence that your personal data was compromised following a breach of the UK GDPR or DPA 2018, contact an advisor. They can offer further guidance on when you could be eligible to seek data breach compensation.

What Happens If The UK GDPR Is Breached?

If the UK GDPR is breached, and this causes your personal data to be affected or compromised, it could impact you psychologically or financially. Below, we have provided examples of how a personal data breach could occur and the impact it could potentially have.

An online retailer may lack the sufficient cyber-security systems. As a result, your banking details are stolen in a ransomware attack. This leads to fraudulent purchases being made on your credit card.

If a data breach at a bank occurs because they sent a replacement debit card to the wrong address, despite holding your correct details, it could mean money is stolen from your account.

The hospital may send a letter containing details of a medical condition to the wrong address, despite the correct one being on file. This leads to you experiencing stress and anxiety.

An email data breach occurs when confirmation of an appointment you have for counselling is sent to the wrong person, resulting in you suffering distress.

You could report a UK GDPR or DPA 2018 breach to the ICO. The ICO is the independent body responsible for upholding the rights and freedoms of data subjects. They can investigate breaches of data protection laws and take enforcement action against those responsible.

Call our team to find out what steps you could take if you were affected by a personal data breach.

Examples Of Potential Compensation For Data Breach Claims

A successful data breach claim outcome can mean compensation can be awarded for two types of damage.

Firstly, non-material damage is the term used to describe the psychological harm you suffered as a result of the personal data breach.

This could incorporate issues like depression, stress, anxiety and general distress because of a data breach. Or it could include more serious conditions such as post-traumatic stress disorder (PTSD).

In order to accurately calculate the value of any mental harm, legal professionals can look at any medical evidence provided in support of your claim. They can also refer to the guideline compensation brackets listed in the Judicial College Guidelines (JCG).

An excerpt of the JCG can be found in the table below. Please note, these amounts are only guide figures and settlements vary depending on each case. Please also note that the top entry has not come from the JCG.

JCG Compensation Brackets

Type of Harm	Level Of Severity	Description	Award Bracket Guidelines
Severe Psychological Harm And Material Damage	Severe	Compensation for suffering severe psychological harm and financial losses such as relocation costs and lost earnings.	Up to £250,000+
General Psychological Damage	(a) Severe	A very poor prognosis due to marked problems affecting different areas of the person's life.	£66,920 to £141,240
	(b) Moderately Severe	Significant issues affecting various areas of the person's life but with an improved prognosis.	£23,270 to £66,920
	(c) Moderate	A significant improvement is made and the person has a good prognosis.	£7,150 to £23,270
	(d) Less Severe	How long and to what extent the person was affected will be considered when valuing the award.	£1,880 to £7,150
Post-Traumatic Stress Disorder (PTSD)	(a) Severe	A permanent disability that prevents the person from functioning at the same level as they did prior to the trauma.	£73,050 to £122,850
	(b) Moderately Severe	A better outcome indicated in this bracket because of professional counselling leading to some recovery.	£28,250 to £73,050
	(c) Moderate	A significant recovery and any ongoing issues won't be majorly disabling.	£9,980 to £28,250
	(d) Less Severe	Virtually a complete recovery within 1 - 2 years and only minimal symptoms persisting beyond this.	£4,820 to £9,980

How To Claim For Financial Losses

Material damage is the monetary loss or expense you experienced due to the breach of your personal data. This can include any funds stolen from your bank account or any loans and credit agreements that were fraudulently taken out in your name. It can also include illegal purchases made on your credit card.

With valid statements and credit reports to prove these amounts, compensation for these losses could form part of your overall settlement.

If you would like more information on data breach compensation payouts, please speak to an advisor on the number above.

What Evidence Could Help Make A Claim For Data Breach Compensation?

If the UK GDPR is breached, and this caused your personal data to be affected, leading to monetary loss or mental damage, or both, you could gather evidence to build a case. For example, you could collect:

Correspondence between you and the organisation. This could be in the form of letters and emails.

If you have suffered a psychological injury because of the data breach, a copy of your medical records could be used as evidence.

Financial documentation, such as bank statements, showing the financial impact of the data breach.

If you wish to instruct a solicitor to help you seek data breach compensation, our advisors could help. They can offer an assessment of your case and if they find it’s valid, they could put you in touch with a solicitor from our panel. As part of the services they offer, they could help you gather evidence and build your case. To learn more, please get in touch on the number above.

Claim Data Breach Compensation On A No Win No Fee Basis

As mentioned above, our panel of solicitors could help you with gathering evidence and building your case, provided it’s valid. Other ways they could assist include:

Valuing your claim.

Providing regular updates on the status of your claim.

Explaining any complex legal jargon.

Additionally, they can provide these services under a type of No Win No Fee contract. They often use a version called a Conditional Fee Agreement (CFA). This means no upfront fees for their services are necessary. Nor are any fees required for their work as the claim moves ahead. In addition to this, there are no fees for completed work if the claim fails.

Successful cases will see a small deduction from the compensation. Taken as a legally capped percentage, this is called a success fee. You can discuss this percentage with your solicitor prior to work starting on your case.

Our team can start your claim evaluation and clarify your eligibility to seek data breach compensation. They can also offer free advice on what happens if the UK GDPR is breached. For more information, simply:

• Call on 020 8050 6279
• Use the online contact option and request a call-back.
• Use the live chat option for instant help.

Learn More About What Happens If The UK GDPR Is Breached

Below are some more helpful articles on data breach compensation:

• Information on taking legal action against a company for a breach of data protection.
• Learn if you could claim after your personal information was shared without consent.

In conclusion, these external resources may also help:

• GOV.UK – Data protection
• GOV.UK – Tips for staying safe online
• ICO – Make a complaint

Thank you for reading our guide on what happens if the UK GDPR is breached. If you have any other questions, call an advisor on the number above.

Writer Jeff Walker

Editor Meg Monsoon