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What Is A UK GDPR Breach?

You may be wondering ‘what is a UK GDPR breach?’. Throughout this article, we will discuss what a personal data breach is, and how the UK GDPR works to protect your data.

What is a UK GDPR breach

What is a UK GDPR breach?

We will also discuss when you are eligible to claim for a breach of personal data, and how personal data breach payouts are calculated.

This guide also explores how the data breach solicitors on our panel may be able to help you start your claim with a No Win No Fee arrangement.

Read on for more answers about whether you can get compensation for a data breach that affected your personal information. Alternatively, to contact our team and ask your questions directly, you can:

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  1. What Is A UK GDPR Breach?
  2. Can I Make A Personal Data Breach Claim?
  3. Tips That Could Help You Receive Data Breach Compensation
  4. Calculating Compensation For A Personal Data Breach
  5. Can A No Win No Fee Data Breach Solicitor Help Me?
  6. To Find Out If You Can Compensation For A Data Breach Call Our Team

What Is A UK GDPR Breach?

Two pieces of legislation, the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA), work in tandem to outline certain entities’ legal responsibilities regarding personal data breaches. An independent public body called the Information Commissioner’s Office (ICO) enforces these rules, ensuring the relevant entities comply.

A personal data breach is a security incident that affects the availability, confidentiality, or integrity of any information that could identify you, also known as personal data. This could happen in a number of ways, ranging from a human error data breach or the accidental destruction of personal data.

We hope this section has answered the question ‘what is a UK GDPR breach?’ Next, we will describe the circumstances that make you eligible to make a data protection breach claim.

Can I Make A Personal Data Breach Claim?

In order to make a valid personal data breach claim, it’s important to prove that the data controllers or processor failed to uphold their legal responsibilities when handling your personal data. A data controller makes the decisions about your personal data, and the data processor then processes it on your behalf.

If a data controller or processor’s failingst lead to a personal data breach, and this causes you harm, then you may be eligible to make a claim.

Contact our advisors to learn more about what a data breach is and when you may be eligible to seek compensation. They can answer any questions you may have about the claims process.

Tips That Could Help You Receive Data Breach Compensation

Certain pieces of evidence can help support a potential data breach claim. For example, when collecting evidence, you could consider:

  • Correspondence between you and the organisation responsible for the breach, such as a letter of notification
  • Financial evidence regarding any material losses you suffered, such as bank statements or credit card bills
  • Medical assessments regarding any psychological harm you experienced

Our advisors can help you better understand what you should do if your data is breached when you get in touch.

Calculating Compensation For A Personal Data Breach

There are two forms of harm you could experience as a result of a breach: non-material and material damage. How much compensation you could get depends upon how severely you were harmed.

Non-material damage is any psychological harm you experience due to the breach. A solicitor will generally use the Judicial College Guidelines (JCG) to assess how much non-material damage compensation you could receive.

This document contains award brackets for different types of harm a person may experience. We’ve provided some examples in the table below, though these should only be used as guidelines.

InjuryJCG BracketsSeverityDetails
(a) Psychological Damage£54,830 to £115,730SeverePoor prognosis regarding problems handling aspects of life such as relationships and work.
(b) Psychological Damage£19,070 to £54,830Moderately SevereMore optimistic prognosis regarding problems with abovementioned aspects.
(c) Psychological Damage£5,860 to £19,070Moderate Good prognosis, due to symptoms improving by the time of trial.
(d) Psychological Damage£1,540 to £5,860Less SevereConsiders length of time affected by symptoms, as well as their severity.
(a) Reactive Psychatric Disorder£59,860 to £100,670SevereEffects of a permanent nature that prevent individual from working or functioning at pre-trauma levels.
(b) Reactive Psychiatric Disorder£23,150 to £59,860Moderately SevereDisability of a significant nature for the foreseeable future.
(c) Reactive Psychiatric Disorder£8,180 to £23,150Moderate Overall recovery that is without effects considered grossly disabling.
(d) Reactive Psychiatric Disorder£3,950 to £8,180Less SevereFull or mostly full recovery within one to two years. Minor ongoing effects.

Material damage compensation can help you recoup other data breach costs you’ve suffered, such as damage to your credit score, or money stolen from your account.

If you find yourself asking, ‘what is a UK GDPR breach and can I claim compensation for distress?’ then our advisors may be able to help.

Can A No Win No Fee Data Breach Solicitor Help Me?

Though claiming doesn’t require legal representation, it may benefit your case to retain a solicitor’s services.

Our panel of data breach solicitors could help you pursue compensation on a No Win No Fee basis by offering a Conditional Fee Agreement (CFA). This kind of No Win No Fee legal agreement means you typically don’t have to pay for your solicitor’s services if your claim fails.

Likewise, you generally won’t be asked to pay any ongoing fees to your solicitor as they work on your case. In the case of a successful claim, a success fee will be paid to your solicitor. This fee is capped legislatively, to ensure you get the most of your award.

To Find Out If You Can Compensation For A Data Breach Call Our Team

Our advisors can listen to the circumstances you describe and offer insight into your eligibility to begin a claim through a free consultation. To learn more:

Learn More About Claiming Compensation For A Data Breach

More of our guides:

Further resources:

We hope this guide has answered the question, ‘what is a UK GDPR breach?’

Writer Morgan Feather

Publisher Cat Harley

How To Report A UK GDPR Breach When Affected By One

This guide will look at steps you can take after a breach of the UK General Data Protection Regulation (UK GDPR) involving your personal data. Specifically, we will explain how to report a UK GDPR breach and when you may be eligible to claim compensation for the harm caused. We will also cover how these payouts are calculated and the amount you could claim in psychological injury compensation.

How to report a UK GDPR breach

How to report a UK GDPR breach – Data breach claims guide

This article will also cover how No Win No Fee data breach solicitors may be able to help you claim in a way that generally means you don’t have to pay for their services if your claim fails. Contact our advisors to ask about making a data breach claim:

Choose A Section

  1. How To Report A UK GDPR Breach
  2. When Are You Eligible To Claim For A Data Protection Breach?
  3. Potential Data Breach Compensation You Could Receive
  4. What Evidence Could Help You In A Breach Of Data Protection Claim?
  5. Our Panel Of Data Breach Solicitors Could Work Your Case On A No Win No Fee Basis
  6. Learn More About How To Use Data Breach Solicitors

How To Report A UK GDPR Breach

Two pieces of legislation determine certain entities’ responsibilities when processing personal data. The UK GDPR, mentioned above, works with the Data Protection Act 2018 (DPA) to establish data protection laws in the UK. These are enforced by the Information Commissioner’s Office (ICO), which is an independent watchdog that ensures individuals’ data rights are upheld.

According to the ICO, a personal data breach is a security incident that affects the integrity, availability or confidentiality of personal data, which is any information that could identify you. If you believe your personal information has been affected by a data breach, there are steps you can take to report it to the ICO.

First, you should contact the organisation responsible for the breach. If you do not receive a satisfactory response within 3 months, the next step is to contact the ICO and report the breach. They may then investigate the situation.

If you have more questions about how to report a UK GDPR breach, contact our advisors.

When Are You Eligible To Claim For A Data Protection Breach?

According to the UK GDPR, data controllers and data processors must fulfil certain legal obligations when processing personal data. Data controllers decide how and why to process personal data, while data processors act on their behalf to process it. In order to form the basis of a valid claim, you must be able to prove that:

  • The breach was the result of the controller or processor
  • It affected your personal data
  • You suffered harm as a result

For instance, a personal data breach could involve:

  • A hospital sending medical records to the wrong postal address
  • Your university mass-forwarding enrolment records to unauthorised parties, which could constitute a university data breach
  • An HR department emailing payslips to the wrong recipient, potentially revealing your trade union membership status

Read on to learn more about how much compensation you could get for a data breach claim.

Potential Data Breach Compensation You Could Receive

Data breach compensation can include payments for two types of harm: material damage and non-material damage.

To help assess non-material damage compensation, otherwise known as psychological harm, solicitors consult the Judicial College Guidelines (JCG). This document contains compensation brackets for different types of harm, which we’ve included below. Please note that these are not guaranteed amounts.

Non-Material HarmJCG BracketsMore Information
Severe Psychiatric Harm£54,830 to £115,730Very poor prognosis regarding individual's ability to cope with aspects of life.
Moderately Severe Psychiatric Harm£19,070 to £54,830Optimistic prognosis about coping with aspects of life.
Moderate Psychiatric Harm£5,860 to £19,070Good overall prognosis regarding individual's ability to cope with aspects of life.
Less Severe Psychiatric Harm£1,540 to £5,860Award examines the length of time a disability is experienced.
Severe Reactive Psychiatric Condition£59,860 to £100,670Effects that are permanent and prevent individual function at pre-trauma levels.
Moderately Severe Reactive Psychiatric Condition£23,150 to £59,860There is a better prognosis in this bracket, as symptoms may improve with professional help.
Moderate Reactive Psychiatric Condition£8,180 to £23,150Ongoing effects that are not grossly disabling; individual largely recovers.
Less Severe Reactive Psychiatric Condition£3,950 to £8,180Virtual full recovery made within 1-2 years.

Material damage is the financial losses caused by a personal data breach, such as money stolen from your savings account after a bank data breach. Material damage compensation aims to recoup these losses.

If you have questions about claiming compensation for distress or financial losses, contact our advisers.

What Evidence Could Help You In A Breach Of Data Protection Claim?

Collecting evidence can benefit your claim. For instance, in order to strengthen your case, you could gather:

  • Correspondence between you and the organisation responsible for the breach
  • A medical assessment regarding the psychological harm you experienced
  • Financial evidence regarding the monetary losses you suffered, such as bank statements

You can collect evidence alone, or with the help of a data breach solicitor. Contact our advisors to discuss more about what you should do if your data was breached.

Our Panel Of Data Breach Solicitors Could Work Your Case On A No Win No Fee Basis

Our panel of No Win No Fee solicitors may be able to offer you a type of No Win No Fee agreement that means you typically don’t have to pay for their services if your claim fails. This is called a Conditional Fee Agreement (CFA).

If your claim succeeds under the terms of a CFA, your solicitor will take a success fee from your compensation. However, this fee is subject to a legal cap, so you always receive the majority of your payout.

Want To Know If You Could Receive Data Breach Compensation? Contact Us For 24/7 Free Legal Advice

To learn more about how to report a UK GDPR breach, speak to our advisors. During a free consultation, they can offer insight into your potential claim. They may also be able to put you in touch with a solicitor from our panel. Learn more today:

Learn More About How To Use Data Breach Solicitors

Related articles:

Resources that may help:

Get in touch with our team for more information on how to report a UK GDPR breach.

Writer Morgan Feather

Publisher Cat Harley

What Are Examples Of Data Breach Compensation Payouts?

This guide provides examples of the data breach compensation you could receive if your personal information has been compromised following a breach of data protection. We will also discuss the eligibility requirements you must meet in order to claim and useful evidence you can obtain to support your case.

examples of data breach compensation

What Are Examples Of Data Breach Compensation?

There are certain pieces of legislation that outline the responsibilities certain entities have to protect your personal data. We will discuss this further in our guide as well as looking at how your data could be breached if these laws are not adhered to.

Keep reading to learn more about how to claim compensation for a data breach. You can also direct your questions to an adviser. They can offer free legal advice regarding your potential claim. To reach them, you can:

Choose A Section

  1. What Are Potential Examples of Data Breach Compensation?
  2. When Are You Able To Make A Data Protection Breach Claim?
  3. Evidence That Could Help You Receive Compensation For A Data Breach
  4. Why Use Our Panel Of No Win No Fee Data Breach Solicitors?
  5. Learn More About Claiming For A Breach Of Data Protection

What Are Potential Examples of Data Breach Compensation?

In order to provide examples of data breach compensation, we should explain that the settlement you receive is intended to compensate you for two aspects of harm you experience. These are called non-material damage and material damage.

Non-material damage is the psychological repercussions you experience following a breach of your personal data. Solicitors will generally assess this amount by consulting the Judicial College Guidelines (JCG), a document that organises severities of harm into different brackets. The table below illustrates these figures, although they are only intended as guidelines.

HarmGuideline Compensation AmountsNotes
Psychiatric Condition (General)£54,830 to £115,730Severe - Prognosis is poor due to problems coping with life in general, relationships, work, and education.
Psychiatric Condition (General)£19,070 to £54,830Moderately Severe - Prognosis is much more optimistic in relation to the problems mentioned above.
Psychiatric Condition (General)£5,860 to £19,070Moderate - Prognosis is good in relation to the problems mentioned above.
Psychiatric Condition (General)£1,540 to £5,860Less Severe - Considers length of time a disability is experienced.
Anxiety Disorder£59,860 to £100,670Severe - All aspects of life badly affected by permanent effects.
Anxiety Disorder£23,150 to £59,860Moderately Severe - Better overall prognosis when professional help is sought for recovery.
Anxiety Disorder£8,180 to £23,150Moderate - Large degree of recovery, perhaps with ongoing effects that aren't overly disabling.
Anxiety Disorder£3,950 to £8,180Less Severe - Full or nearly full recovery within 1-2 years, with only minor symptoms ongoing.

Can I Receive Compensation For Material Damage?

You can also claim compensation for material damage, which relates to the monetary losses you experienced because of the breach. This could include funds removed from your bank account.

You should gather evidence of any financial losses as proof, such as bank statements.

Contact our advisers to learn more about the compensation you could get for a data breach. They can provide compensation estimates based on your exact circumstances.

Alternatively, read on to find out whether you could be eligible to claim compensation.

When Are You Able To Make A Data Protection Breach Claim?

Two pieces of legislation, the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA), outline the responsibilities those processing your personal data must uphold.

Under data protection law, entities known as data controllers and processors must uphold certain standards while processing individuals’ personal data. To explain:

  • A data controller makes decisions regarding how and why to process personal data. They can also process the data themselves.
  • A data processor acts on behalf and under the instruction of a data controller in order to process the data

If they fail to adhere to data protection law, their failings could result in a personal data breach. A breach of personal data is a security incident that affects the confidentiality, availability, or integrity of your personal information.

Personal data is defined as information that could be used to identify a living individual, either by itself or when processed in combination with other data. This could include your IP address, birth date, or salary.

You may be able to claim compensation if you can prove the failings of a data processor or controller led to data breach which compromised your personal data. You must also have experienced psychological harm or financial loss as a result.

To discuss examples of data breach compensation payouts that could be awarded after a successful claim, get in touch on the number above.

Examples of Data Protection Breaches

There are several ways a breach of data protection could occur, such as:

  • An airline could fail to update its security systems in a timely manner resulting in an airline data breach that reveals customers’ passport data.
  • Your GP could forward an appointment confirmation letter to the wrong address leading to a medical records data breach in which information about a medical condition is revealed.
  • A website data breach could compromise your personal information after adequate security was not installed on the site.
  • An email data breach could occur after a company sent your personal information to the wrong email address.

Speak to our advisers to discuss the types of personal data breach you can claim for.

Evidence That Could Help You Receive Compensation For A Data Breach

If your data is breached, you can gather evidence to support a possible future claim. This could include:

  • Letters, emails and notifications sent to you by a data controller/processor
  • Medical appraisals assessing the psychological harm you experienced
  • Financial records demonstrating the material damage the breach caused

Evidence can be a very important aspect of data breach claims. Contact our advisers for insight about the evidence that may help.

Why Use Our Panel Of No Win No Fee Data Breach Solicitors?

Though legal representation isn’t required to claim, data breach solicitors can provide useful services during the process. For instance, they can help:

  • Collect evidence
  • Build your case
  • Ensure the claim is filed within the relevant time limit
  • Use examples of data breach compensation payouts to help them value your claim.

What’s more, the No Win No Fee solicitors on our panel could offer these services under a Conditional Fee Agreement (CFA). This type of No Win No Fee arrangement means you don’t have to pay ongoing fees. Additionally, you generally don’t have to pay for their services if your claim fails.

Instead, your solicitor will take a success fee from the compensation you are awarded. This amount is subject to a legislative cap, so you always receive the majority of this payout.

Contact Us

Speak to our team to discuss examples of data breach compensation payouts that could be awarded following a successful claim. Our advisers can offer a free consultation about your potential data breach claim, discussing any information you’d like to ask about. To get in touch, you can:

Learn More Claiming For A Breach Of Data Protection

Below, you can find more of our guides:

Related information from third parties:

  • Data Breaches – Guidance from the National Cyber Security Centre (NCSC) about data breaches
  • Make A Complaint – Government resource about complaints regarding potential data breaches
  • How To Respond – Guidance from the Information Commissioner’s Office on how to respond to a data breach

Thank you for reading this guide on examples of data breach compensation. If you still have questions, contact us using the provided information.

Writer Morgan Future

Editor Meg Monsoon

Can I Claim Compensation For Distress Because Of A Data Breach?

Distress Because Of A Data Breach Claim

Distress Because Of A Data Breach Claim

This post details the process of claiming data breach compensation for distress. We will explain what to do if your data is breached, the criteria that make you eligible to claim, and the compensation amount you could receive for the damage you experienced.

Read on for tips about claiming compensation for distress. You can also call our advisers to discuss the merits of your potential claim. Afterward, you could be put in touch with one of the data breach solicitors on our panel. For more information:

Select A Section

  1. Can I Claim Data Breach Compensation For Distress?
  2. When Am I Eligible To Make A Data Protection Breach Claim?
  3. What Evidence Could Help In A Data Breach Compensation Claim?
  4. Potential Compensation From A Breach Of Data Protection Claim
  5. Use One Of The No Win No Fee Data Breach Solicitors From Our Panel
  6. Learn More About How To Claim For The Breach Of Personal Data

Can I Claim Data Breach Compensation For Distress?

You may be able to claim compensation for distress following a breach that compromised your personal data. However, there are eligibility criteria you must meet in order to claim, including proving that those with a responsibility to protect your personal data failed to adhere to data protection law.

Two pieces of legislation outline certain entities’ responsibilities regarding personal data. The UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA) run alongside each other.

In short, the UK GDPR defines a data breach as a security incident that affects the integrity, availability, or confidentiality of an individual’s personal data. This legislation also defines personal data as information that can be used to identify a living person, either in isolation or when combined with other data. Therefore, a personal data breach could include information like your name, personal email address, and National Insurance number.

A personal data breach could happen through accidental destruction, human error, or data theft due to insufficient security measures.

Next, we will discuss the eligibility requirements to claim data breach compensation for distress. Alternatively, you can contact our advisers for a one-on-one conversation.

When Am I Eligible To Make A Data Protection Breach Claim?

You may claim data breach compensation when data controllers, entities that make decisions regarding how and why data is processed, or processors, who take orders from a controller to process the data, fail to uphold the responsibilities outlined in data protection law.

This failure in adherence must have led to your personal data being involved in a breach. And lastly, breaching said data will have caused you emotional distress and /or financial harm.

The Information Commissioner’s Office (ICO), an independent public body that ensures individuals’ data rights are upheld, can fine those organisations that fail to comply with data protection laws.

Contact our team if you have questions about your eligibility and the types of personal data breaches you can claim for.

What Evidence Could Help In A Data Breach Compensation Claim?

Evidence that will support your claim includes certain documents, such as:

  • Useful correspondence sent by the data controller/processor
  • Medical assessments detailing the psychological harm experienced
  • Financial evidence regarding your monetary losses

Our advisers can assess the evidence you have gathered and offer free advice about the merits of your potential claim. Contact our team to learn more about claiming compensation for distress.

Potential Compensation From A Breach Of Data Protection Claim

The compensation you could get for a data breach claim could help reimburse you for two aspects of harm that result from a breach of personal information. These are called non-material damage and material damage.

The mental distress you experience due to a breach of your personal data is referred to as non-material damage. A solicitor will usually assess this using the Judicial College Guidelines (JCG), a document containing compensation brackets for various levels of harm. The following table contains some of these brackets intended only as guidelines.

(Non-Material)Brackets (JCG)Notes
Psychiatric Harm (General)£54,830 to £115,730Severe - Poor prognosis regarding ability to cope with life, work, and education.
Psychiatric Harm (General)£19,070 to £54,830Moderately Severe - More optimistic prognosis regarding those same factors.
Psychiatric Harm (General)£5,860 to £19,070Moderate - Good prognosis regarding those same factors.
Psychiatric Harm (General)£1,540 to £5,860Less Severe - Considers length of experienced disability.
Reactive Psychiatric Disorder£59,860 to £100,670Severe - Inability to function at pre-trauma levels due to permanent effects.
Reactive Psychiatric Disorder£23,150 to £59,860Moderately Severe - Better prognosis with professional help.
Reactive Psychiatric Disorder£8,180 to £23,150Moderate - Near-complete recovery with no major ongoing effects.
Reactive Psychiatric Disorder£3,950 to £8,180Less Severe - Near-complete recovery within 2 years with only minor ongoing effects.

Additionally, you can claim for material damage, which encompasses incurred data breach costs. These are financial losses, such as damage to a credit score due to identity theft.

Use One Of The No Win No Fee Data Breach Solicitors From Our Panel

Though not required to claim, data breach solicitors can provide helpful services when seeking compensation. For instance, the No Win No Fee solicitors on our panel can provide their services under the terms of a Conditional Fee Agreement (CFA), which is a type of No Win No Fee agreement that means you don’t have to pay for a solicitor’s service if your claim fails.

Instead of charging ongoing fees, your solicitor will take a success fee if you receive compensation. The success fee is capped by law, so you always receive the majority of your compensation amount.

Can I Get Compensation For A Data Breach? Find Out By Contacting Us For Free Today

Our advisers can help you understand what constitutes a personal data breach and if you’re eligible to claim compensation. This consultation is free and can occur at any time, 24/7. Use the following information to contact us for important information about your potential claim:

Learn More About How To Claim For The Breach Of Personal Data

Related guides we’ve written:

A Step By Step Guide To Company Data Breach Claims

What Is The Time Limit For Data Breach Claims?

HR Department Data Breach – Can I Claim?

Third-party resources:

Post-Traumatic Stress Disorder – NHS information about the symptoms of PTSD

Report A Breach – Guidance from the ICO about how to report a data breach

Data Breaches – Resource for families and individuals about data breaches from the National Cyber Security Centre (NCSC)

Thanks for reading this article about claiming data breach compensation for distress. Contact us using the details above for further information.