How Much Compensation Could I Get For A Data Breach Claim?

This guide can provide you with insight regarding how to receive compensation for a data breach. If you have suffered harm because of a breach, be that mental harm or financial harm, then you may be eligible to claim.

Compensation for a data breach

Compensation for a data breach claims guide

The potential amount of compensation that you could receive for a personal data breach depends on a number of factors. In this article, we will explain how a data breach could lead to a claim for compensation. We will also discuss how the personal data of UK residents is protected and what makes you eligible to claim.

If you have any further questions that this guide does not answer, our advisors can help. Get in touch today to learn more:

  • Contact us online for more information
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  • Use the live chat feature for immediate advice.

Select A Section

  1. When Can You Claim Compensation For A Data Breach? – A Guide
  2. Compensation For A Data Breach – Potential Compensation Payouts
  3. When Are You Eligible To Claim For A Breach Of Data Protection?
  4. What Evidence Could Help You In A Data Protection Breach Claim?
  5. Why Seek Data Breach Compensation On A No Win No Fee Basis?
  6. Learn More About How To Receive Compensation For A Data Breach

When Can You Claim Compensation For A Data Breach? – A Guide

The UK General Data Protection Regulation (UK GDPR)  and the Data Protection Act 2018 (DPA) protect the personal data of UK residents. This is any data that could identify you, either alone or when used with other details.

For example, your full name could be an example of personal data, or your email address could also be an example.

To be eligible for pursuing a claim, it is vital that there is some form of wrongful conduct on the part of the data controller or data processor which causes the data breach to occur. A data controller is an organisation who determines the purpose of collecting your data and how your data is processed. A data processor is a body which processes personal data on behalf of the controller.

Read on to learn more about what makes you eligible to claim. Or, get in touch with our advisors to find out if you could receive compensation for a data breach.

Compensation For A Data Breach – Potential Compensation Payouts

The table below contains guideline settlement brackets taken from the Judicial College Guidelines (JCG). The JCG often aids legal professionals such as solicitors and judges in valuing personal data breach claims.

Type of HarmDescriptionSeverityCompensation
General Psychiatric Harm In these cases, the injured person will find it very difficult to cope with life, education, or work. The symptoms in this bracket are permanent and very severe.Severe£54,830 to £115,730
General Psychiatric HarmIn these cases, the injured person will have day-to-day issues with coping with life, education or work and their relationships will be affected negatively. However, there will be a much more optimistic prognosis. Moderately Severe£19,070 to £54,830
General Psychiatric HarmBy the time of trial, the symptoms will show a marked improvement, leading to a good prognosis.Moderate£5,860 to £19,070
General Psychiatric HarmFor this bracket, the length of time affected by symptoms is considered, as is the effect these symptoms have on daily life.Less Severe£1,540 to £5,860
Post Traumatic Stress Disorder (PTSD)This bracket consists of severe symptoms that prevent working or functioning at all compared to what they could do pre-trauma. All aspects of the injured person’s life will be badly affected. Severe£59,860 to £100,670
Post Traumatic Stress Disorder (PTSD)This category is distinct from the above because of the better prognosis, which will indicate some recovery with professional help.Moderately Severe£23,150 to £59,860
Post Traumatic Stress Disorder (PTSD)This category is for injured people who have largely recovered from their PTSD symptoms. The continuing effects will not be grossly disabling.Moderate£8,180 to £23,150
Post Traumatic Stress Disorder (PTSD)In these cases, there is an almost full recovery, although some minor symptoms could continue.Less Severe£3,950 to £8,180

These examples refer to non-material damage compensation. This provides compensation for the distress and psychological harm caused by the breach, such as anxiety and depression or post-traumatic stress disorder (PTSD). However, please keep in mind that these figures are guideline amounts, and the actual compensation that you could receive can differ.

You may also be able to claim material damage compensation. This addresses the financial impacts of the breach. For example, a credit card data breach could lead to money being stolen from your bank account. Or, it could allow debt to be accrued in your name.

Compensation is based on certain factors such as the extent of the injury, how severely your day-to-day activities have been affected, whether any permanent symptoms were caused, and the length of your recovery.

To find out if you could be eligible for compensation for a data breach or to get free legal advice, contact our team of advisors today.

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

It is important to be aware of the criteria in place that dictate who is eligible to make a claim. These are laid out by the UK GDPR, and state that in order to claim:

  • Your personal data must be involved in a data breach
  • The breach must be caused by the wrongful conduct of the data controller or processor
  • This must cause you to suffer harm

Wrongful conduct is not always an action; a breach could occur due to inaction. With this in mind, you can find some examples of different types of personal data breaches below:

  • A bank data breach could occur if a bank employee sends your bank statement to the wrong postal address.
  • A hospital data breach occurs when your medical test results, such as blood test results, are shared with an unauthorized person.
  • A mortgage broker data breach could occur if your mortgage provider fails to utilise adequate cybersecurity policies.

If a data controller or processor can show that they have complied with the UK GDPR and the DPA, then you may not be able to make a claim. Get in touch with our advisors today to learn more about claiming compensation for a data breach.

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

You may be wondering what to do if your data is breached. Gathering evidence following a data breach can be beneficial to your case, as it can help in strengthening your claim.

For example, correspondence between you and the organisation responsible could help establish how the data breach occurred, as well as the kind of data that was involved.

Medical evidence can also be used to strengthen your claim. One way to gather medical evidence is through an independent medical assessment to assess the psychological harm you suffered. A solicitor could help you arrange such an assessment. Similarly, notes and records from a GP or doctor could also help strengthen your claim.

Providing evidence of your material losses if you have experienced any because of the breach is also important. This could involve providing receipts, invoices, and bank statements.

There are also time limits in place to consider when making a personal data breach claim. You will generally have 6 years to initiate a claim for data breach compensation. However, if your data breach claim is against a public body, you only have one year to begin proceedings.

Why Seek Data Breach Compensation On A No Win No Fee Basis?

A No Win No Fee agreement is an arrangement between you and your data breach solicitor that helps you access legal counsel and provides certain benefits. It is under an agreement known as a Conditional Fee Agreement (CFA). If your data protection breach claim is unsuccessful, you generally won’t have to pay a fee for your solicitor’s services.

Therefore, a large benefit of using a CFA is that you don’t have to pay any upfront legal fees to your solicitor for them to begin work on your claim. Your solicitor will also not request any ongoing fees to pay for their services.

You must only pay a fee for their legal services at the end of a successful claim. This is known as a success fee.

Get in touch with our team today to find out how our panel of No Win No Fee solicitors could be beneficial for your data protection breach claim. Our panel of solicitors could offer to work on your claim under a CFA if our advisors find your claim to be valid. To learn more:

  • Contact us online for more information
  • Call an advisor on 020 8050 3051
  • Use the live chat feature for immediate advice.

Learn More About How To Receive Compensation For A Data Breach

For more helpful guides surrounding personal data breach claims:

Or, to access further resources:

Our advisors can offer more advice on claiming compensation for a data breach.

Writer Saif Solace

Publisher Cat Harley