A Guide To Gaming Data Breach Claims

Gaming is supposed to be fun and relaxing, and the whole point is to get lost in a fantasy world. However, suddenly becoming aware of a data breach can bring you back down to reality with a bump. If you experienced a problem due to your gaming data, this article explains how gaming data breach claims can deal with the financial and emotional harm it caused.

All business providers and organisations must protect the personal data they hold about customers and the public. Two main pieces of legislation define these responsibilities: the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR). They explain how two groups called controllers, and processors should best meet their data protection obligations and handle personal information the right way.

These laws also explain what constitutes a data breach. Broadly, it is any impact on the availability, integrity and confidentiality of personal data. So if you feel that your data was duplicated, shared without authorisation, destroyed or lost, our panel of No Win No Fee data breach solicitors could help.

This guide is packed with useful information about claiming compensation after a gaming data breach, but we also encourage you to get in touch at any point as you read. In addition to answering general questions, the team could direct eligible claimants to a solicitor from our panel to start their claim today. Find out more:

• You can call us on 020 8050 6279
• Contact us online to discuss gaming data breach claims.
• Ask the pop-up window a question below to connect with advisors immediately.

Frequently Asked Questions 

1. What Are Gaming Data Breach Claims?
2. How Do Gaming Companies Have Their Data Breached?
3. What Information Could Be Leaked By A Gaming Data Breach?
4. Do Data Breaches Have To Be Reported By Gaming Publishers?
5. I Think I’m A Victim Of A Gaming Data Breach, Can I Claim?
6. What Data Breach Compensation Can I Get?
7. How Can I Start My Claim For Gaming Data Breach?
8. No Win No Fee Gaming Data Breach Claims
9. Learn More

What Are Gaming Data Breach Claims?

A gaming data breach claim is an action taken against a gaming company for compensation after personal information was compromised. This can occur when the game’s publisher or brand fails to adhere to the data protection laws we looked at above, and a user suffers financial and/or emotional harm from a breach.

So if they misuse your data, fail to store it correctly or permit cyber-attacks because of poor security standards, you (the data subject) can be entitled to seek compensation for the harm caused in a claim against them. If you believe you are a victim of this, read on or call to discuss your potential claim.

How Do Gaming Companies Have Their Data Breached?

There are various methods by which a gaming company could experience a breach of the data it holds, ranging from human error to deliberate malicious acts. Common examples include:

• Data and payment information theft – Hackers can target gamers mid-transaction and steal personal information or bank details.
• Stealing passwords – Hackers can also steal credentials and passwords to access a gamer’s profile or account.
• Outdated or misconfigured security systems – The game provider has a duty to ensure that online security is robust, so if they use an old or outdated method of cyber defence and it is attacked, a data breach has the potential to impact millions of users.
• Web application attacks – An example of this is when a malicious actor tests a website for weaknesses to disrupt business, exploit data theft opportunities or gain unauthorised access. A common feature of this form of data breach involves the hacker injecting scripts into code to impersonate users.
• Phishing – This is when a cybercriminal poses as a legitimate entity and tricks a user into sharing personal data. For example, a fraudster claiming to be a thrid party payment company can request that payment be sent again to use the game.
• Malware attacks – A typical malware attack involves a cybercriminal planting or urging others to download malicious software into a system in order to disrupt or damage the product, sometimes with the purpose of blackmailing the company for money.
• Social engineering attacks – This form of data breach happens when a person provides data to a fraudster based on psychological susceptibility. For example, younger gamers might be urged to pay for an additional service to elevate their online status. Or a fake promotion is pushed to a certain demographic of users.

The gaming company can misuse your data themselves and put it at risk. Whether accidental or deliberate, if the game provider failed to secure your personal data and you suffered harm due to a breach, you could have a claim against them for compensation. Call to learn more about gaming data breach claims.

What Information Could Be Leaked In A Gaming Data Breach?

A considerable amount of data could be breached when a gaming data breach occurs, ranging from basic contact information to more personal and even sensitive details known as special category data. To register and play an online game, you typically need to start with a username and password, but may then need to provide:

• Name and email address.
• Physical location (for enhanced user interaction).
• Proof of age verification.
• Payment details such as credit card or bank account information.
• Social media links.

Other data metrics, such as length of play, the pop-up ads you reacted to, and your in-game style might be collected about you. Some of this data is optional, so it’s important to read the game site’s privacy policy to understand how your data will be used.

By accepting the user agreement, you are consenting to data use; however, if you feel the game provider misused the data and you were harmed because of this, speak to us about gaming data breach claims.

Do Data Breaches Have To Be Reported By Gaming Publishers?

Yes, it is advisable to report a data breach to the gaming company or publishers. Also, you can complain to the Information Commissioner’s Office (ICO), which acts as the independent watchdog for the public’s data rights in the UK. Their far-reaching powers mean they can investigate any company, organisation or business that fails to adhere to data protection laws. This includes online platforms and overseas companies operating a service to UK users.

If a gaming site detects a data breach that has the potential to impact users, it needs to report the breach to the ICO no later than 72 hours after discovery. Impacted users should be notified of the data breach that affects their freedoms and rights as soon as practicable.

If you received a letter or email to this effect and have experienced tangible harm from the gaming data breach, we could help you organise a claim with our panel of solicitors. Call to learn more about the data breach claims process.

I Think I’m A Victim Of A Gaming Data Breach, Can I Claim?

If you believe you have fallen victim to a gaming data breach, you could claim if you can prove three specific criteria:

• The game host or company failed to comply with data protection laws.
• Your personal information was compromised.
• This led to you suffering damage to either your finances and/or your mental health.

A data breach may have occurred if you notice a sudden increase in the following:

• An increase in spam and junk email.
• A higher volume of marketing ‘cold’ calls from UK or international locations.
• Notifications of purchases made in your name or using your credit/debit card.
• Missing funds from your bank account.
• Alerts from banks or credit facilities about overdrafts or unauthorised activity.

Suddenly becoming aware of activity like this can be very distressing. But you don’t have to face the prospect of starting a compensation claim alone. Why not see if our panel of data breach solicitors can help you hold the liable party responsible?

What Data Breach Compensation Can I Get?

Compensation could be awarded for both the material and non-material damage suffered due to a data breach.

Psychological harm caused by a data breach is often referred to as ‘non-material’ damage. If you sustained damage to your mental health, those valuing this may use figures from the Judicial College Guidelines (JCG) to calculate your compensation. 

This document provides guideline bracket amounts for various injuries based on their severity. In addition, they list purely guideline brackets for general psychological harm and post-traumatic stress disorder (PTSD). Importantly, these figures are only suggestions. Actual amounts will always vary.

When used alongside medical evidence (such as psychiatric reports), those involved in the calculation process can work out an approximate amount of non-material damage. Our table below illustrates, but please note the first line is not from the JCG:

Compensation Guidelines

TYPE OF HARM	HOW SEVERE?	GUIDELINES	DEFINITIONS
Cases of a psychological reaction that is very severe alongside Material Damage compensation	Severe	Up to £250,000 or more	The injured person experiences extreme multiple types of mental health damage and receives an amount for lost earnings from missed work plus the costs of psychiatrist sessions.
General types of psychiatric harm	(a) Severe	£66,920 going up to £141,240	A psychiatric impact severe enough to affect all areas of daily life.
	(b) Moderately severe	£23,270 going up to £66,920	A more promising outlook than bracket above but still indicative of a long-standing or permanent level of harm.
	(c) Moderate	£7,150 going up to £23,270	Despite initially severe symptoms, a reasonably good level of recovery is detected by the time the claim might be heard at trial.
	(d) Less severe	£1,880 going up to £7,150	This bracket is used to asses the duration of injury experienced.
PTSD (Post-traumatic stress disorder)	(a) Severe	£73,050 going up to £122,850	Indicative of a level of trauma so severe that the person cannot function on any level as they did prior.
	(b) Moderately severe	£28,250 going up to £73,050	The intervention of professional counselling brings a degree of improvement.
	(c) Moderate	£9,980 going up to £28,250	A recovery is noted on the whole and persisting symptoms are not seriously disabling.
	(d) Less severe	£4,820 going up to £9,980	During a 1 - 2 year period, almost a total recovery is seen with only minimal symptoms lasting past this.

Material Damage

In addition to an amount for the psychological distress caused to you after a gaming data breach, you could claim for the financial harm it caused. When making a data breach claim, you may hear or read of this financial harm being referred to as ‘material damage’. 

You can claim back:

• Any loss of earnings caused by missed work from stress.
• The cost of seeing a mental health counsellor.
• The expenses involved in re-establishing privacy across your devices.
• Relocation costs. 

Connect with our advisors now to see if you could start a data protection compensation claim alongside a solicitor from our panel. An advisor can also help value gaming data breach claims, ensuring that the full scale of your material and non-material damage is considered. 

How Can I Start My Claim For Gaming Data Breach?

The best way to start a gaming data breach claim is to draw together as much evidence as possible that shows how others mishandled your personal data, and how you were harmed as a result. There are some useful pieces of information that can help with this:

• Any letter or notification from the gaming host about the data breach that impacted you.
• Bank statements and receipts proving financial harm.
• Medical records and counsellors’ reports that indicate the impact on your mental health.
• Proof of any medications that you need to take for stress.

Time Limits

There is also a 6-year data breach claims time limit to be aware of. If you’d like information about how our panel of solicitors could help you meet this deadline and assemble supporting evidence, get in touch. They are experts at assisting people to organise and present their best data breach compensation claims and could help you.

No Win No Fee Gaming Data Breach Claims

Eligible claimants may like to instruct a solicitor to support gaming data breach claims. However, high hourly rates charged by some solicitors could make legal representation out of reach for some, if it weren’t for No Win No Fee arrangements. Our panel of solicitors provide their services under a type of No Win No Fee arrangement called a Conditional Fee Agreement (CFA).

This type of agreement offers numerous benefits to the person seeking legal representation. For example, under a CFA :

• There are no immediate solicitor’s fees for work to start.
• No fees apply for these services as the claim moves ahead.
• No solicitor’s fees apply if the claim is unsuccessful.
• A nominal and restricted success fee for winning claims applies.
• This is a percentage which you can agree upon with your solicitor before starting work on the claim.
• Also, there is a legal cap on this percentage, which ensures that you benefit first and foremost from the successful outcome.

Rather than muddle through the complexities of gaming data breach claims alone, why not see if an expert data breach solicitor from our panel can help?

Contact Our Panel Of Solicitors

• You can call us on 020 8050 6279
• Contact us online to discuss gaming data breach claims.
• Ask the pop-up window a question below to connect with advisors immediately.

Learn More

The focus of this guide was gaming data breach claims. These other resources offer further useful information:

• This guide looks at claims based on sharing personal information without consent.
• Read what to do if your data has been breached in more depth.
• Also, read about other types of incidents that could lead to a claim for data breach compensation.

Additional resources:

• You can read about safe online gaming from the National Cyber Security Centre (NCSC).
• This link provides information from GOV.UK on the UK’s data protection laws.
• Lastly, read more about a personal data breach from the ICO.

In conclusion, thank you for your interest in our guide on gaming data breach claims. For any further information, please contact our advisors at the number above.