Last updated 29 January 2026. If you’re wondering, ‘What is a UK GDPR breach?’ the quick answer is that it involves a security incident that results in the accidental or unlawful destruction, loss, alteration, disclosure, or unauthorised access of personal data. Therefore, if an organisation fails to protect your personal information, you could make a data breach compensation claim for the financial losses and emotional distress you suffered. If you’re unsure how to get started, our advisors are here to help.
At Data Breach Claims, we understand that such incidents can represent a serious breach of trust. Fortunately, our advisors can answer your questions, offer helpful advice, and provide an initial case check that always prioritises your confidentiality. Following this, you could be connected with one of the expert solicitors from our panel to start your data breach claim. Working under a No Win No Fee arrangement, your solicitor can help you build the strongest case possible and assist with evidence-gathering.
You can explore your claiming options today by contacting our advisory team.
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Choose A Section
- What Is A UK GDPR Breach?
- What Are The Different Types Of GDPR Breaches?
- Can I Make A Personal Data Breach Claim?
- Evidence That Could Help You Receive Data Breach Compensation
- Calculating Compensation For A Personal Data Breach
- Can A No Win No Fee Data Breach Solicitor Help Me?
- Learn More About Claiming Compensation For A Data Breach
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 to 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.
What Are The Different Types Of UK GDPR Breaches?
The different types of UK GDPR breaches involve the destruction, loss, alteration, unauthorised disclosure, or access of personal data. These breaches typically affect the confidentiality, integrity, and availability of personal information and may result from deliberate actions, cyberattacks, or human error.
Unauthorised Access To Personal Data
This relates to when someone gains access to identifiable information without permission, such as:
- Hackers exploiting vulnerabilities in outdated software to gain access to the private medical data of patients
- Employees accessing data they are not authorised to view, such as a client’s home address
Accidental Disclosure Of Personal Data
This type of data breach is typically caused by human error and system misconfigurations, rather than malicious intent. Examples can include:
- Sending an email to the wrong person
- Letters posted to the incorrect address
- Documents or devices left in public places
- Failing to use BCC when sending emails (e.g.,
Loss Of Personal Data
Your personal data could be lost or misplaced, putting it at risk of compromise. This may occur due to:
- Files being misplaced
- USB drives being improperly disposed
- Lost paperwork
Theft Of Personal Data Or Physical Devices
A UK GDPR breach may also occur if your personal data is stolen, either directly or via a device. This may affect:
- Physical records of patients
- Laptops, tablets, and other devices
- External hard drives
Alteration Or Corruption Of Personal Data
Often referred to as a breach of integrity, this occurs when personal data is altered to compromise its accuracy, completeness, or authenticity. This can encompass:
- Medical records being altered due to a cyber attack
- Data overwritten because of system errors
- An employee altering a patient’s address without authorisation
Inadequate Data Security Measures
A breach may occur if an organisation fails to implement appropriate data security protection. This can happen due to:
- Weak passwords
- Inadequate data encryption
- Outdated software and systems
- Poor employee training
- Insufficient security awareness
To discuss your personal experience with one of our friendly advisors, please feel free to get in touch today.
Can I Make A Personal Data Breach Claim?
Yes, you could make a personal data breach claim if an organisation’s failure to protect your information harmed you financially and/or psychologically. As such, you must be able to fulfil the following eligibility requirements:
- An organisation failed to adhere to data protection laws.
- This led to a breach that compromised your personal data.
- You suffered mental and/or financial harm as a result.
Personal data relates to information that can be used to identify you, including:
- Your name
- Your address
- Your national insurance number
- Your date of birth
You can quickly check your eligibility to claim through the free initial consultation offered by our advisory team. For any further help and assistance, please don’t hesitate to get in touch today.
We Can Help With Your Claim
Our team of specialist advisors are ready to assist you with your data breach claim
Evidence 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
When calculating compensation for a personal data breach, your psychological harm and certain financial losses will be considered. These are referred to as the following:
- Material damage is the financial loss you suffered due to a data breach.
- Non-material damage is the psychological harm you experienced due to a breach. This may include anxiety, depression, and PTSD.
Non-material damage may be assessed by a solicitor using the Judicial College Guidelines (JCG). This widely used publication is common amongst legal professionals, as it contains compensation guidelines for different forms of harm.
All entries in the table below, apart from the first figure, have been taken from the JCG. Please be aware that the entries are merely guidelines and do not guarantee how much you could be awarded.
| Injury | JCG Brackets | Severity | Details |
|---|---|---|---|
| Multiple severe forms of psychological harm with financial losses | Up to £250,000+ | Severe | Severe harm with material damage such as lost earnings and medical expenses |
| (a) Psychological Damage | £66,920 to £141,240 | Severe | Poor prognosis regarding problems handling aspects of life such as relationships and work. |
| (b) Psychological Damage | £23,270 to £66,920 | Moderately Severe | More optimistic prognosis regarding problems with abovementioned aspects. |
| (c) Psychological Damage | £7,150 to £23,270 | Moderate | Good prognosis, due to symptoms improving by the time of trial. |
| (d) Psychological Damage | £1,880 to £7,150 | Less Severe | Considers length of time affected by symptoms, as well as their severity. |
| (a) PTSD | £73,050 to £122,850 | Severe | Effects of a permanent nature that prevent individual from working or functioning at pre-trauma levels. |
| (b) PTSD | £28,250 to £73,050 | Moderately Severe | Disability of a significant nature for the foreseeable future. |
| (c) PTSD | £9,980 to £28,250 | Moderate | Overall recovery that is without effects considered grossly disabling. |
| (d) PTSD | £4,820 to £9,980 | Less Severe | Full or mostly full recovery within one to two years. Minor ongoing effects. |
Claiming For Material Damage
Material damage is the monetary losses you experienced due to a data breach. This can include:
- Loss of earnings, such as current or future income, bonuses, or workplace benefits.
- Counselling or therapy sessions.
- Additional security for your home.
- Home relocation costs. If a breach in data caused you to fear for your safety, you may also have needed to move home. Therefore, you could include moving fees and installation costs in your data breach claim.
To discuss data breach compensation further, please get in touch with our friendly advisory team today.
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 is a percentage of your compensation and is capped by law to ensure you get the most of it.
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:
- Contact us online
- Call on 020 8050 6279
- Speaking to an advisor through the live chat feature
Learn More About Claiming Compensation For A Data Breach
More of our guides:
- Calculating Compensation For A Human Error Data Breach
- Guide To Credit Card Data Breach Claims
- University Data Breach – Can I Claim?
Further resources:
We hope this guide has answered the question, ‘What is a UK GDPR breach?’