If you have been harmed by a breach of your personal data, you may be wondering how much compensation for a UK GDPR data breach you could potentially receive.
How much compensation for a UK GDPR data breach?
In this guide, we will look at the eligibility criteria for making a claim and discuss the evidence you can use to support your case.
You may be considering seeking compensation for the harm caused by the personal data breach. Get in touch with our team of advisors today for a free consultation and evaluation of your claim, during which they can provide free legal advice and help you identify whether you could be eligible to make a claim. To get in touch:
- Call on 020 8050 3051
- Contact us and request a callback
- Use the live chat option for instant help
Choose A Section
- How Much Compensation For A UK GDPR Data Breach?
- Eligibility Criteria Needed To Make A Data Breach Claim
- How Can A Personal Data Breach Happen?
- When To Use No Win No Fee Data Breach Solicitors
- Learn More About Making A Data Breach Compensation Claim
How Much Compensation For A UK GDPR Data Breach?
Damage to your mental health, such as stress, depression or trauma, can be acknowledged in personal data breach claims. These are covered under non-material damage compensation, which addresses the psychological impacts of the breach.
Below, you can find some examples of guideline settlement amounts for non-material damage compensation. These are taken from the Judicial College Guidelines (JCG), which solicitors use to help them calculate settlement awards.
JCG Examples
| Type of Harm | Severity | Award Amount | Notes |
|---|---|---|---|
| General Psychiatric Harm | (a) Severe | £54,830 to £115,730 | The injured person will suffer significant issues in all areas of life with a poor future prognosis indicated. |
| General Psychiatric Harm | (b) Moderately Severe | £19,070 to £54,830 | A better prognosis than bracket above despite long-standing injury that prevents a return to empoyment. |
| General Psychiatric Harm | (c) Moderate | £5,860 to £19,070 | Similar problems in areas of work, relationships and education but an improvement seen by the time the case may be heard at trial. |
| Post-Traumatic Stress Disorder (PTSD) | (a) Severe | £59,860 to £100,670 | Permanent and severe trauma impacts that effect every level of the person's life with a very poor prognosis and not ability to work or function. |
| PTSD | (b) Moderately Severe | £23,150 to £59,860 | A better prognosis than seen in the bracket above because of professional intervention. |
| PTSD | (c) Moderate | £8,180 to £23,150 | Largely a recovery with any continuing effects not being grossly disabling. |
You may also be eligible to claim material damage compensation. This addresses the financial losses caused by the data breach. For example, if your credit card details are exposed, criminals could then make fraudulent purchases in your name.
Our team can offer a free evaluation of your claim when you get in touch today.
Eligibility Criteria Needed To Make A Data Breach Claim
Personal data can be classed as any information that reveals or infers your identity. This might be alone or in conjunction with other information. Some examples of this can include your name, date of birth, or phone number.
This information is protected by the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA), which are enforced by the Information Commissioners Office (ICO). The ICO are an independent watchdog for data protection rights, and they can investigate and fine organisations for their data protection standards.
A personal data breach occurs when the availability, confidentiality, or integrity of your personal data is compromised by a security incident. Under the UK GDPR, your case must meet the eligibility criteria in order to claim compensation, which includes proving that:
- The organisation engaged in wrongful conduct
- Because of this, your personal data was breached
- As a result, you experienced harm. This harm can be psychological or financial.
If you are unsure whether your case meets the criteria for claiming, contact our team of advisors today. They can offer a free evaluation of your claim and can tell you how much compensation for a UK GDPR data breach you may be eligible to receive.
How Can A Personal Data Breach Happen?
There are many types of personal data breaches, and a breach can occur in a number of ways. However, as we’ve mentioned in the section above, the breach must be a result of wrongful conduct in order to form the basis of a valid claim. For example:
- An HR department data breach could occur if disciplinary records that contain your personal data are sent to the wrong address, despite having your correct address on file.
- A bank data breach could occur if your bank statement was sent to the wrong email address, allowing an unauthorised party access to your financial data.
- A hospital data breach could occur if a member of staff were to access your medical records without authorisation.
If you would like to learn more about how much compensation for a UK GDPR breach could be awarded to successful claimants, get in touch with our team today.
When To Use No Win No Fee Data Breach Solicitors
If you are considering starting a claim, our panel of data breach solicitors could help. They offer No Win No Fee contracts such as Conditional Fee Agreements (CFA) which allow you access to their services with a range of benefits.
For example, accessing a solicitor’s services through a CFA typically means that you do not need to pay them any upfront or ongoing fees. If your claim succeeds, then your solicitor takes a legally capped success fee from your settlement award.
This cap is in place to ensure that you get the majority of your award. But, if your claim does not succeed, then you will not be asked to pay any fees to your solicitor. If you would like to learn how a solicitor from our panel could help you, get in touch by following the information below.
Contact Us Today For Free To See If You Could Receive Data Breach Compensation
Our team of advisors are here to help. When you contact our team and start your evaluation, they can tell you whether or not you are eligible to work with a solicitor from our panel. They can also give you free legal advice and further guidance surrounding the claims process. To get in touch:
- Call on 020 8050 3051
- Contact us and request a callback
- Use the live chat option for instant help
Learn More About Making A Data Breach Compensation Claim
For more helpful articles on data breach compensation:
- How much compensation could I get for a data breach claim?
- How to sue a company for a breach of data protection
- Sharing personal information without consent
In addition to this, you can find more resources:
- More about the Data Protection Act 2018 (DPA)
- GOV – Cyber security breaches survey
- GOV – Tips on staying safe online
Contact our team if you are wondering how much compensation for a UK GDPR data breach you could potentially receive.
Written by Jeff Winkle
Publisher Cat Harley