What Is Non-Material Damage?

If you are wondering how data breach claims are valued, understanding non-material damage is often the first step. This is a legal term that refers to the emotional and psychological harm that arises when personal data is exposed, shared, lost, or accessed without permission. The solicitors on our panel could help you with claiming for anxiety, stress, depression, sleep disturbances, loss of privacy, and other forms of psychological suffering caused by a personal data breach. Non-material damage in a data breach can be claimed even if no financial loss has occurred.

The effects of a data breach can be significant, particularly when medical, employment, or other personal information has been compromised. Many claimants experience ongoing worry about how their information may be used and its impact on their daily lives, and our panel aims to alleviate that worry. 

Under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018, compensation may be available for this psychological harm. The panel of solicitors working with Data Breach Claims can assess the impact of a data breach on an individual’s mental wellbeing, gather the evidence needed to support a claim, and pursue the maximum compensation available on a No Win No Fee basis.

 

Jump To A Section

1. What Is Non-Material Damage In A Data Breach?
2. How Is Non-Material Damage Valued?
3. Can I Claim For Non-Material Damage If There Was No Financial Loss?
4. How Can I Prove Non-Material Damage When Claiming For A Data Breach?
5. How Can Data Breach Claims Help A Claim For Non-Material Damage?
6. No Win No Fee Non-Material Damage Compensation Claims
7. More Information

What Is Non-Material Damage In A Data Breach?

Non‑material damage is the legal term for the emotional and psychological harm you may suffer when your personal data is compromised. To be compensated for your non-material damage, this harm must be a direct result of an organisation’s security failure to protect your personal information. This could involve the accidental or unlawful destruction, loss, alteration, unauthorised disclosure, or unauthorised access to this data.

Psychological harm can take many forms, including diagnosed anxiety disorders, panic attacks, or post‑traumatic stress. When assessing this non-material damage, a solicitor from our panel will consider how the breach has affected your mental wellbeing to ensure the psychological impact is fully taken into account.

If a data breach has affected your mental wellbeing, contact the advisors at Data Breach Claims today to discuss starting a compensation claim.

 

How Is Non-Material Damage Valued?

Non-material damage is valued by assessing the severity of the psychological harm caused by a data breach and the impact it has had on your life. There is no fixed amount of compensation for emotional distress following a data breach. When assessing this part of your claim, a solicitor from our panel will consider factors such as:

• The nature of your psychological symptoms.
• How long the symptoms have lasted.
• Whether treatment or support was required.
• The effect on work, education, relationships, and daily activities.
• The overall impact on your quality of life.

Why The Sensitivity Of Your Data Increases The Value Of Your Claim

The sensitivity of your data increases the value of your claim because a security incident involving highly private or intimate details often results in a greater emotional impact and psychological distress. This type of information is referred to as special category data, which requires greater protection and can include:

• Details concerning your health, clinical history, or medical treatments.
  
• Your heritage, cultural background, or race.
• Your faith, spiritual convictions, or philosophical values.
  
• Biometric information used for identification purposes or genetic profiles.
• Sex life and sexual orientation.

Our panel focuses on demonstrating how the breach of such personal information has driven your anxiety or panic symptoms. Contact our advisors today to discuss how a solicitor from our panel could help you.

Can I Claim For Non-Material Damage If There Was No Financial Loss?

Yes, you can claim for non-material damage if there was no financial loss. The absence of monetary losses does not prevent you from pursuing compensation after a data breach. This means you may still have grounds to claim if an organisation’s security failure has directly caused you to experience anxiety, distress, or another form of psychological harm.

The emotional impact of having your personal information exposed can be just as significant as any financial loss. Feelings of anxiety, embarrassment, stress, disrupted sleep, or a reduced sense of safety can all affect your wellbeing following a breach.

When assessing a case, a solicitor from our panel will look at the psychological harm you’ve experienced and determine whether it forms the basis of a valid claim, regardless of whether you lost money. If you previously assumed you could not claim because there was no financial impact, it may be worth speaking with our advisors to understand whether the emotional effects of the breach could make you eligible for compensation.

How Can I Prove Non-Material Damage When Claiming For A Data Breach?

You can prove non-material damage when claiming for a data breach through evidence such as medical or counselling records. Because this part of your claim focuses on emotional and psychological harm, your documentation should clearly demonstrate the impact the organisation’s security failure has had on your wellbeing.

When assessing the effects of a data breach, our panel can help you identify and gather the most relevant evidence to build a strong case, such as:

• Medical records showing symptoms such as anxiety, stress, depression, or sleep disturbances.
• Independent medical assessments arranged during the data breach claims process.
• Records of counselling, therapy, or other psychological treatment.
• A personal statement explaining how the breach has affected day-to-day life.
• Correspondence from the organisation confirming the data breach occurred.
• Evidence showing the impact on employment, education, or personal relationships, where relevant.

If you are concerned about proving the psychological impact of a data breach, contact Data Breach Claims today to discuss what information may help support your claim and what you can do if your data has been breached.

How Can Data Breach Claims Help A Claim For Non-Material Damage?

Data Breach Claims can help with a claim for non-material damage by connecting you with the specialist solicitors on our panel who will ensure your psychological harm is accurately documented. They have extensive experience in data breach compensation claims and know how to build a clear, evidence-based case that shows exactly how a breach has disrupted your health and peace of mind.

The specialist services available include:

• Arranging an independent psychological assessment to evaluate the emotional impact of the breach.
• Reviewing therapy notes or personal diaries to demonstrate how anxiety, stress, or other symptoms have affected your daily life.
• Obtaining evidence to show whether the breach involved highly sensitive data, such as medical records, which could increase the value of your claim.
• Ensuring that any financial losses, such as therapy costs or missed wages, are included alongside your non-material damage in a single claim.
• Negotiating a fair settlement that fully reflects the impact the breach has had on mental wellbeing.

To find out more about how Data Breach Claims’ panel could support your claim for non-material damage, contact our advisors today for a free case assessment.

No Win No Fee Non-Material Damage Compensation Claims

You can make a compensation claim for non-material damage with the data breach solicitors on our panel. By working with them under a Conditional Fee Agreement, you won’t need to pay them for their services prior to the claim starting or while it is in progress.

If the claim is unsuccessful, there is no solicitor’s service fee to pay. Should the claim be successful, a legally capped percentage will be taken from the compensation as the solicitor’s success fee.

This allows you to focus on your recovery while a solicitor from our panel assesses the impact of the breach, values the non-material damage suffered, and pursues compensation on your behalf.

Contact Us

If a data breach has caused emotional distress, anxiety, loss of confidence, or other psychological harm, the advisors at Data Breach Claims are ready to help. After reviewing the circumstances of the incident, they can connect eligible claimants with a specialist solicitor from the panel to discuss the next steps in pursuing compensation.

• Call us on 020 8050 6279
• Contact us online
• Use our live chat

More Information

Learn other legal terms that are used in a data breach claim:

• Get further guidance about the terms of Conditional Fee Agreements.
• Find out what a data processor is and what they do.
• Information about data controllers.

Resources:

• An overview of data protection principles from the Information Commissioner’s Office.
• Make a complaint about data protection via Gov.UK
• A list of mental health conditions you could claim for via the NHS.

Thank you for reading this guide on what non-material damage is.