In our guide to casino data breach claims, we explore what you could do if your personal information has been impacted by a breach. Casinos and online gambling platforms may store large amounts of personal information, such as your name, contact information, address and some financial records. A data breach could place you at risk of psychological injuries and financial harm. In this guide, we explore how and when you could make a compensation claim.
We look at what casino data breaches are, how they could occur, and the types of personal data held by casinos. You can also find out how to know if you have been impacted by a breach and how compensation may be calculated. At the end of this guide, you can learn about the benefits of No Win No Fee agreements, and see how our team could help you.
Advisors are waiting to answer any questions you have about claiming for a compromise in your personal data. They can also help assess how much compensation you might be able to claim and assess whether you have a strong case. For an assessment of your case, please:
- Call 020 8050 6279.
- Use our live chat.
- Contact us online.
We Can Help With Your Claim
Our team of specialist advisors are ready to assist you with your data breach claim
Frequently Asked Questions
- What Are Casino Data Breach Claims?
- The Common Casino Data Breach Causes
- Which Personal Information Would Be Held By A Casino?
- How Can I Know If My Casino Data Has Been Breached?
- Do I Have To Have Experienced Financial Losses To Claim?
- What Casino Data Breach Compensation Could I Get?
- How Long Do I Have To Make A Casino Data Breach Claim?
- What Can Data Breach Claims Do For You?
- Learn More
What Are Casino Data Breach Claims?
Casino data breach claims enable individuals to seek compensation when a casino or online gambling platform fails to comply with data protection laws, resulting in financial loss and/ or emotional distress.
Under the UK General Data Protection Regulation (UK GDPR) and Data Protection Act 2018 (DPA), individuals could have grounds to make a claim if a casino breaches its data protection obligations, resulting in the aforementioned forms of harm.
Under the UK GDPR, casinos are required to process customers’ personal information securely and on a lawful basis.
Data breach claims may arise where the casino failed to have adequate security measures in place or shared a customer’s data without authorisation or other lawful basis.
Potential claimants must show that:
- Their personal data has been involved in a breach.
- The breach occurred due to a failure to adhere to the laws in place to protect personal data.
- They experienced financial losses or psychological/ emotional distress, such as anxiety due to this compromise in their personal data.
An experienced solicitor from our panel could evaluate your case, determining your eligibility to make a claim.
The Role Of The ICO
The Role of the Information Commissioner’s Office (ICO) is to uphold information rights, act as the UK’s data protection regulator and to ensure relevant parties (such as casinos and gambling websites) comply with the UK GDPR and DPA.
The ICO must be notified within 72 hours of an organisation discovering a data breach which poses a risk to individuals’ rights.
Whilst individuals should not normally need to report a breach, they may do so using the ICO’s website or by calling their helpline. Whilst the ICO may be able to investigate a breach and take enforcement action against a casino, they can not help you to make a claim.
For help and advice with casino data breach claims, please get in touch with our expert team.
The Common Casino Data Breach Causes
Common causes of casino data breaches may include inadequate oversight, unauthorised data processing, other security failures and cyber attacks. These incidents can expose users’ to potential risks, causing emotional distress.
Common causes of data breaches:
- Human error – employee errors could expose customers’ data. For example, an employee accidentally emails account information to the wrong customer, sharing data and leading to unlawful sharing. This may allow someone to misuse a customer’s data, leading to financial loss.
- Cyber attacks – where online criminals steal customers’ personal information. For example, an online gambling platform is subject to a cyberattack in which customers’ credit card details are stolen. This leads to the unauthorised use of the customers’ card and financial distress.
- Ransomware attacks – failing to implement appropriate cybersecurity measures could allow cybercriminals to use ransomware which prevents users from accessing their data on a website. The attackers may demand a ransom to restore users access or threaten to leak personal data if not paid.
- Lost or stolen devices – staff do not follow requirements to encrypt data on their laptops. An employee loses a laptop containing accessible customer payment records and banking details, which are accessed by a third party. This leads to unauthorised transactions and emotional distress.
These are examples of ways in which casinos could be in breach of the law. A specialist solicitor from our panel could help you to make a claim.
Which Personal Information Would Be Held By A Casino?
Casinos and online gambling websites may hold or have access to various types of personal information. Parties holding gambling licenses may retain customers personal information so that they can enter into agreements with clients and to provide services.
Examples of personal information which may be held by a casino:
- Users name, address and contact details – companies and organisations, such as casinos and online gambling websites, must verify customers identity. This is to comply with gambling regulations such as the Licence Conditions and Codes of Practice (LCCP) and to prevent fraud. They may need to confirm a user’s full name, telephone number or other contact details. If this information is leaked, users may be targeted by scams.
- Users addresses – including your home address which may have been supplied to the casino in order to verify your identity and to meet gambling regulations. Home addresses may be collected and stored by casinos to fulfil their compliance with the LCCP. A breach of address data could lead to someone being targeted by scammers and experiencing severe anxiety.
- Payment information – this may include banking, debit or credit card details used to process payments and payout winnings.
- Transaction history – this may include records of any bets, free bets or single browsing session activity. Such information may be collected for marketing purposes with the users explicit permission.
- Criminal offence data – a casino may need to access criminal records data if you are an employee.
If your personal or special category information is exposed, your data could be put at risk. If a casino has breached data protection laws and you were impacted by this, you may have grounds to claim compensation. Contact us to learn more about casino data breach claims.
How Can I Know If My Casino Data Has Been Breached?
How you may find out that your casino data has been breached may depend on whether you are notified of the breach by the gambling website or casino. Under the UK GDPR, they are required to inform individuals affected by data breaches within a reasonable timeframe if the breach is likely to result in an individual suffering harm. This is applicable whether informing a user about stolen data, unlawful data practices or cyberattacks.
However, whilst casinos are required to notify customers who have been affected, they may fail to do so in a timely fashion. Signs your casino data may have been breached could include:
- A notification letter from the casino – this may be sent as a letter, email or in-account message. It should provide details of the breach, explain what data was exposed and what action is being taken.
- Unusual activity on your account – this may include unrecognised or unauthorised transactions and attempts to access your account.
- Notifications from third parties – your bank may alert you to suspicious activity.
- Public reports and news – large-scale breaches may be reported in the news.
If you suspect your data has been impacted by a breach, please contact our team for help and advice.
Do I Have To Have Experienced Financial Losses To Claim?
You do not have to have experienced financial losses to make a data breach claim. Both material damage and non-material damage are grounds to claim compensation.
Material damage refers to financial losses, such lost earnings whilst you took time off work due to the impact of the breach, relocation costs if you had to move following the exposure of your address, the cost of home security or therapy costs.
Non-material damage refers to psychological harm, such as post-traumatic stress disorder or anxiety, caused by your personal information being exposed due to unlawful data practices. For example, a breach could lead to you experiencing anxiety if targeted by scammers.
Compensation claims could be made for material damage, non-material damage, or for both. Our team could help to assess your case and work out what you may be entitled to claim.
What Casino Data Breach Compensation Could I Get?
If you suffered severe psychiatric damage, you could be awarded between £66,920 and £141,240 in non-material damage. However, the compensation you could receive for a casino data breach will reflect the extent of material and/or non-material damage experienced and be assessed on an individual basis.
The above figure, and those presented in the following table, are taken from the Judicial College Guidelines (JCG). This is with the exception of the top row of the table in which we present an illustration of what may be claimed. The JCG is a resource which may be used by solicitors and other parties to value compensation claims. Figures presented in this guide are for illustrative purposes only.
| Harm | Severity | Notes | Guideline compensation |
|---|---|---|---|
| Psychiatric damage or PTSD and material damage. | Severe | Severe PTSD or psychiatric damage with material damage. | Up to £500,000+ where awarded material damage, such as for lost income. |
| Psychiatric damage | (A) Severe | The person faces marked problems in many areas of their life. | £66,920 to £141,240 |
| (B) Moderately severe | The person has a more optimistic recovery outlook than above. | £23,270 to £66,920 | |
| (C) Moderate | The person has made or will make a marked recovery. | £7,150 to £23,270 | |
| (D) Less severe | How long any disability lasted and its extent will be taken into consideration. | £1,880 to £7,150 | |
| Post-traumatic stress disorder (PTSD) | (A) Severe | The claimant has permanent effects, preventing them from working or from working as they did before. | £73,050 to £122,850 |
| (B) Moderately severe | The claimant has a better prognosis than the person above. | £28,250 to £73,050 | |
| (C) Moderate | Claimants will largely recover with no grossly disabling effects. | £9,980 to £28,250 | |
| (D) Less severe | Claimants will make a (virtually) full recovery. | £4,820 to £9,980 |
For an individual assessment of what you could be entitled to claim, please contact our team.
We Can Help With Your Claim
Our team of specialist advisors are ready to assist you with your data breach claim
How Long Do I Have To Make A Casino Data Breach Claim?
The standard time limit in which to file a casino data breach claim is up to 6 years. However, there may be instances in which this reduces to a shorter time frame. As such, we recommend filing a claim at the earliest possible opportunity.
Please contact us to learn more about how long you may have to make a data breach claim.
What Can Data Breach Claims Do For You?
At Data Breach Claims, we could help you in a variety of ways. We work with a panel of specialist solicitors. If, once we have reviewed your case, we could connect you to a solicitor who may:
- Help you to collect evidence to support your case, such as evidence of the breach, medical records showing a diagnosis of anxiety and proof of financial impacts.
- Ensure that your claim is accurately valued.
- Handle the claims process for you and make sure that any documentation is sent out on time.
- Negotiate a settlement that reflects the harm you suffered.
- Handle your case through a Conditional Fee Agreement (CFA). This is a type of No Win No Fee arrangement.
Claiming with a solicitor using a No Win No Fee agreement means you only pay for their work at the end of a successful claim. The solicitor’s fee (known as a success fee) will be agreed in advance. Furthermore, it is capped by law.
Contact Our Advisors
To get in contact with our team and to find out how we could help you, please:
- Phone our team 020 8050 6279.
- Click below to talk to us via our live chat.
- Contact us online.
Learn More
Learn more about how to claim compensation in these guides.
- Discover more about gaming data breach claims in this guide.
- Find out more about an online banking data breach claim here.
- Learn more about third party data breach claims here.
References:
- Get guidance on the UK GDPR in this resource from the ICO.
- Find out more about dealing with a breach in this resource from the National Cyber Security Centre.
- Get help with the symptoms of anxiety in this NHS resource.
Find out more about casino data breach claims by talking to our specialist team.