As the digitisation of our day-to-day lives continues, personal data has become increasingly accessible. When that data is breached either maliciously or through human error, it can be devastating for a person’s finances and mental health. What you may not know is that you could be entitled to claim under the UK GDPR for data breach compensation if you have suffered because your personal data was compromised.
In this guide, we will define what a UK GDPR breach is, explain why one can happen, and look at the role of the Information Commissioners’ Office (ICO), an independent government-sponsored body responsible for enforcing UK data protection laws.
Next, we lay out the process of starting a data breach claim, including the topic of compensation and how to prove a claim. Lastly, we consider the advantages of claiming through a specialist data breach solicitor.
If you are interested in finding out more about the claims process and our panel of data breach solicitors, get in touch using the details below:
- Use our live pop-up chat.
- Contact us online.
- Ring us on 020 8050 3051
Jump To A Section
- What Is A UK GDPR Data Breach?
- Your Rights When Your Data Is Breached
- Average UK GDPR Data Breach Compensation Amounts
- How Data Breaches Happen
- The ICO And Their Part In Data Breaches
- Making A UK GDPR Data Breach Claim
- Claim UK GDPR Data Breach Compensation With A No Win No Fee Solicitor
- Learn More
What Is A UK GDPR Data Breach?
A personal data breach is a security incident that happens when the integrity of personal data has been compromised. In general, that means the personal data is either destroyed, divulged, corrupted, or accidentally lost. This can happen digitally or non-digitally.
In the UK, personal data must be protected in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA). They work in tandem as a framework of rules and regulations that data controllers (typically an organisation that determines why personal data will be processed and the mechanisms for doing so) and processors (could be instructed by a data controller to process data on their behalf) must comply with when processing personal data.
Please reach out to our team if you have more questions about the UK GDPR and how your personal data could be breached.
Your Rights When Your Data Is Breached
If you have been affected by a personal data breach, you might be unclear about your rights to claim compensation. First and foremost, you must be sure that your claim meets the following eligibility criteria:
- A data processor or controller failed to comply with data protection law, resulting in a personal data breach.
- The breach directly affected your personal data.
- You consequently suffered financial losses and/or harm to your mental health.
Besides these requirements, you will also generally need to start a claim within six years of the UK GDPR breach happening.
For more information about time limits and how eligibility could affect personal data protection claims, please get in touch with one of our team members.
Average UK GDPR Data Breach Compensation Amounts
Since no two personal data breach claims are identical, it isn’t possible to predict how much compensation you could receive. You can claim for both financial losses and the mental harm arising from a breach. This compensation is awarded for the “material” and “non-material” damage you suffered (which we’ll explain later on).
Alongside your medical records, legal professionals may also use the Judicial College Guidelines (JCG) to help put a value on your claim. This document uses compensation guidelines for various injuries by their type and severity.
We have made a table featuring JCG figures for some psychological injuries found in personal data breach claims. Please note that the top figure is not from the JCG, and this table does not guarantee these compensation figures for successful claimants.
| Type of Injury | Severity | Compensation Guideline | Notes |
|---|---|---|---|
| Severe Psychological Damage and Financial Losses | Severe | Up to £250,000+ | The settlement could include compensation for serious mental health harm and expenses related to the data breach, such as relocation costs and treatment for psychological damage. |
| Psychiatric Damage Generally | Severe | £66,920 to £141,240 | Severe impact on work and home life, coupled with a poor prognosis. |
| Psychiatric Damage Generally | Moderately Severe | £23,270 to £66,920 | Significant impact as above, but with a more optimistic prognosis. |
| Psychiatric Damage Generally | Moderate | £7,150 to £23,270 | Mental health problems may have noticeably improved by trial. |
| Psychiatric Damage Generally | Less Severe | £1,880 to £7,150 | This bracket will consider how long a disability lasted and its impact on daily activities. |
| Post-Traumatic Stress Disorder | Severe | £73,050 to £122,850 | Permanent trauma affecting all aspects of life. |
| Post-Traumatic Stress Disorder | Moderately Severe | £28,250 to £73,050 | Improved prognosis thanks to professional help, but trauma likely to persist for the foreseeable future. |
| Post-Traumatic Stress Disorder | Moderate | £9,980 to £28,250 | Significant recovery and any ongoing symptoms are not "grossly disabling." |
| Post-Traumatic Stress Disorder | Less Severe | £4,820 to £9,980 | More or less a full recovery within a year or two. Only relatively minor symptoms will persist. |
The Difference Between Material And Non-Material Damage
We mentioned the terms “material” and “non-material” damage above, but what would they mean for your claim? Thankfully, both have relatively straightforward definitions:
- Material damage refers to the financial losses, such as income losses and therapy costs suffered by the claimant.
- Non-material damage refers to the psychological harm, such as anxiety or post-traumatic stress disorder (PTSD), suffered by the claimant as a result of the compromise of their personal data.
If your compensation claim covers material damage, you will need evidence like the following:
- Payslips showing a loss of earnings if you needed to take time off work.
- Invoices or other documents relating to the cost of restoring privacy and security, such as replacing a laptop or moving to a new address.
- Receipts or bank statements showing payments for mental health support like therapy, counselling, and prescription medication.
Do you have more questions about UK GDPR data breach compensation? Our friendly advisors are here to help with free advice tailored to your claim.
How Data Breaches Happen
While malicious actions like cyberattacks are sometimes responsible for personal data breaches, human error is often at fault. In fact, between October and December 2024, the Information Commissioner’s Office (ICO) noted that 21% of its incident reports involved personal data being emailed to the wrong recipient.
So, how could a personal data breach occur? Let’s take a look at some common examples:
- Despite having the employee’s correct address, an HR department posts a copy of their contract (containing personal information like their email address) to their neighbour instead.
- A receptionist at a hotel sends a guest’s booking confirmation to the wrong email address.
- Staff at a hospital divulge someone’s medical records around other patients, revealing sensitive information concerning their health.
- A retailer fails to make recommended security updates, resulting in the compromising of personal data (including credit card details).
Of course, these examples represent only a snapshot of causes. If you’d like to discuss your specific circumstances, please connect with one of our supportive advisors.
The ICO And Their Part In Data Breaches
As mentioned earlier, the Information Commissioner’s Office (ICO) upholds data protection laws in the UK. Since the introduction of the UK GDPR, the ICO has taken an increasingly prominent role in enforcing data protection.
How The ICO Handles Breaches
Whilst the ICO cannot award compensation for data protection breaches, it does have the power to investigate and take certain punitive measures like levying fines against organisations. In addition, the ICO may make recommendations on what changes an organisation can make to improve data protection.
Reporting A Breach – The Differences For Organisations And Individuals
There are some differences in how personal data breaches are reported, particularly if there is a risk that it might impact the rights and freedoms of those affected. When a breach poses such serious risks, organisations are obligated to file a report within 72 hours of finding out about the security incident. Moreover, they must inform people directly affected by the breach.
In contrast, individuals do not have to report breaches, but you may find it beneficial to do so. Keep in mind that the ICO states complaints must be made within three months of the last meaningful communication made with the organisation responsible for a breach.
Our team of advisors can answer any questions you have about the role of the ICO.
Making A UK GDPR Data Breach Claim
Even if there is an ongoing ICO investigation, you can still claim compensation for a personal data breach. To do so, you will need to prove your claim and establish who is liable for the breach.
Proving That Your Data Has Been Breached
To give your claim the best chance of success, you need proof that an organisation breached data protection laws, directly affecting your personal data. You will also require evidence showing how a breach affected your mental health and/or finances. In general, the following evidence can help prove personal data breach compensation claims:
- Correspondence with the organisation responsible for the GDPR breach, such as a breach notification letter if you received one.
- The findings of an ICO investigation, if one was started.
- Contact details of anyone who witnessed how a personal data breach affected you.
- Medical records confirming the diagnosis of a mental health condition.
- Notes from a therapist or psychiatrist detailing how the breach impacted you.
- Bank statements or invoices showing your financial losses.
Solicitors from our panel have years of experience gathering witness statements and other evidence for personal data breach claims on behalf of their clients. Get in touch today to find out how they could help you claim under the UK GDPR for data breach compensation.
Who Is Liable For The Breach?
Under UK law, data controllers and data processors must both comply with the DPA and UK GDPR. However, establishing liability is not always clear-cut, and not every breach will result in a claim. Nevertheless, these two groups can be defined thus:
- Data controllers, as the name suggests, decide why and how personal data is processed (such as how to collect and store it). They are typically organisations like schools, banks, or employers.
- Data processors are outsourced vendors who may process personal data on behalf of a controller.
Finding A Suitable Solicitor
Although you have no obligation to seek legal representation, you may find it beneficial to use the expertise of a solicitor familiar with UK GDPR data breach claims. Our panel of solicitors know that those affected by a breach often face uncertainty and emotional distress. They work with cyber security specialists and can offer the following benefits:
- Specialist knowledge grounded in years of experience handling personal data breach claims.
- Advice tailored to your particular needs, circumstances, and questions.
- Full transparency about the claims process from the outset.
- Help with gathering evidence to strengthen your claim.
- Compassionate support throughout the claims process.
Moreover, you could be offered a Conditional Fee Agreement (CFA) to reduce the financial impact of instructing a solicitor. If you accept a CFA, you won’t pay to access their services unless your claim is successful. That means:
- No solicitor’s fee to start a claim.
- No additional solicitor’s fee as the claim progresses.
- No solicitor’s fee if your claim is lost.
If your claim does succeed, a solicitor from our panel will receive a “success fee” as payment for their work. It’s a legally capped, small fee, which is taken as a percentage of your compensation.
Claim UK GDPR Data Breach Compensation With A No Win No Fee Solicitor
For further guidance about starting a UK GDPR data breach compensation claim, reach out to us using the following details:
- Use our live pop-up chat.
- Contact us online.
- Ring us on 020 8050 3051
Learn More
We have guides focused on many types of data breaches, including:
- Breaches involving mortgage brokers.
- Credit score data breaches.
- Breaches affecting disciplinary records.
If a UK GDPR personal data breach has impacted you, the following resources may be helpful:
- The charity Mind has guidance on finding mental health support.
- The National Cyber Security Centre (NCSC) has advice concerning personal data breaches.
- The ICO explains how to make a report.
If you have found our guide about UK GDPR data breach compensation useful, please contact our team to see whether you are eligible to make a claim.
