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:

Choose A Section

  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

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

Writer Morgan Feather

Publisher Cat Harley