Data Breach Compensation

If you can prove that you are the victim of a personal data breach that has led to financial damages or distress beyond a mild convenience, you should be able to claim compensation. If you’ve discovered that you have been the victim of a personal data breach, or you have found that your information has been misused in a manner that breaches the Data Protection Act 2018 then get in touch with us today. 

We can determine if you have a valid data protection breach claim and guide you through the claims process. Get in touch today with details of your breach.

Who can make a data protection breach compensation claim?

According to the GDPR, anyone living within the EU can make a claim after a data protection breach has caused them to suffer ‘material or non-material damage’. Individuals and organisations alike can claim compensation for data protection breaches.

In order to make a successful claim, it must be proved that the claimant has suffered as a result of the breach. The success of a claim and the amount of compensation that will be awarded will depend on the severity of the damage caused to the claimant.

What can you claim data breach compensation for?

The GDPR makes allowances for data protection breach claims to be made as a result of both material and non-material damages. Compensation can be made as a result of direct financial loss, as well as non-material distress.

Examples of data breaches can vary wildly, the most straight forward data breach compensation claim can be made when a data breach has directly led to an individual losing money. Claims can also be made for lost earnings, such as in the case where a claimant is terminated from a role as the result of a data protection breach.

In 2014 a precedent was set in UK law that a claim for compensation as a result of data breach could be made even if the claimants had not suffered any financial loss. The case of Juith Vidal-Hall (2) Robert Hann (3) Marc Bradshaw V Google involved a group of individuals suffering distress after learning that their ‘personal characteristics’ informed Google’s advertisements that were shown to them on their mobile devices, even after they had set their privacy settings to block third party cookies.

Claimants suffering from distress, anxiety or worry as a result of a data protection breach can claim for compensation to pay for any private treatment that they might require, such as counselling. It’s also possible to claim if the breach has caused a recognised psychological condition, or had a general effect on the claimant’s domestic or social life.

How much compensation can you claim for a data protection breach?

The amount of compensation that you can claim for a data breach depends on a number of factors including the sensitivity of the information, the length of time between the organisation finding out about the breach and informing you, your financial losses and any distress that has been caused as a result.

Find out more about data breach compensation amounts.

About Data-Breaches 

In 2018 alone, over a billion people were affected by data breaches. From British Airways to Yahoo, there are a multitude of established global brands that have been responsible for mass personal data breaches. As companies have an obligation to inform their customers about the loss of their data, if you think you’ve been affected by a breach – whether in the workplace or by any large organisation in England – then reporting your claim is the first step towards winning your rightful compensation.

Operated by Cobley Solicitors – one of the UK’s leading law firms – we have a team of dedicated data breach law specialists that are able to help you with every step of your case.

Experts in all aspects of data breach law, we utilise are wealth of knowledge and resources to help clients win rightful compensation from both private and public organisations.

We can determine if you have a valid data protection breach claim and guide you through the claims process. Get in touch today with details of your breach.

FAQs

Can I claim compensation for data breach?

Whether or not you can claim compensation for a data breach will depend on the type of breach, if it has affected you financially and if you have suffered distress from it. It’s only feasible for solicitors to take on data breach compensation claims when the claimant’s case meets certain criteria. For example, if the claimant is only mildly inconvenienced by the breach and does not suffer financially, then a successful claim would not result in enough compensation to cover the legal costs. 

What law relates to Data Protection Breach compensation?

Article 82 of the GDPR relates to the right to compensation as a result of a data protection breach. It states that: ‘Any person who has suffered material or non-material damage as a result of an infringement of this Regulation shall have the right to receive compensation from the controller or processor for the damage suffered.’

The Data Protection Act 1998 was replaced by the General Data Protection Regulations and the Data Protection Act 2018 in May 2018. The introduction of these regulations and laws lead to a rush of emails being sent out from all manner of organisations. Many complained about this influx of legal babble in their inbox, but this dump of information led to the general public becoming more aware of their rights in relation to their data protection rights.

Can you receive data breach compensation from the Information Commissioner’s Office (ICO)?

The Information Commissioner’s Office (ICO) does not reward individuals or organisations with data breach compensation. The ICO is the UK’s independent authority governing information rights in the public’s interest, whilst they do not award compensation, they can fine organisations failing to meet their standards.

They serve an important role in the data protection sphere through the information that they publish on their website and their power to fine organisations who do not meet the standards set by the GDPR and Data Protection Act 2018.

Whilst the ICO does not have the power to award compensation to those suffering from a data protection breach, they do have the investigative authority to assess an organisation who has been reported as being guilty of a breach. Should the ICO support your assertion that an organisation has breached the GDPR or DPA 2018, then you will be in a better position to make a compensation claim against that organisation. However, it is not necessary for you to contact the ICO before making a data breach compensation claim.