Data Breach Compensation Claims
We can help with all kinds of data breach claims. Get in touch to see how our specialist data breach solicitors can help you
£85 million in compensation
Won for our clients by JF Law Solicitors
Data Breach Compensation Claims
We can help with all kinds of data breach claims. Get in touch to see how our specialist data breach solicitors can help you
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How Our Data Breach Solicitors Can Help You
If you have been notified that your personal data has been breached, you may feel anxious and worried about your identity, finances and safety. However, our data breach solicitors are here to support you and help you claim data breach compensation.
Our experienced solicitors are specialists in data breach claims and can use their expertise to resolve your issues as quickly and effectively as possible if you are eligible to claim.
Our data breach solicitors may help you claim compensation by:
- Walking and supporting you through the claims process
- Explaining legal documents and key terminology
- Helping you obtain evidence of your data breach and the impact this has had on you
- Explaining data breach compensation and how this is calculated
- Contacting third parties and negotiating settlements on your behalf for the damage the data breach has caused
- Helping you claim compensation on No Win No Fee basis (discussed further down this guide)
Get in touch with our helpful advisors today to start your data breach claim with our experienced solicitors.
What Is A Data Breach?
A personal data breach is an incident of security that leads to the accidental or unlawful alteration, destruction, loss, or unauthorised disclosure of, or access to, information.
Data can include:
- Names
- Email addresses and physical addresses
- Passwords and login information
- Bank account details
- Medical histories
- Employment records and HR files
- Social services records
- Housing records
This can be a very worrying and distressing experience. If you have been notified of a data breach, you will no doubt be wondering how to claim data breach compensation. Below, we explain the process.
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Can I Claim Data Breach Compensation?
Understanding data breach claims requires knowledge of 3 different parties. The organisation that decides when, how and why your personal data is to be processed is referred to as a data controller. Data controllers may process data themselves or use an external data processor for this. The living identifiable individuals to whom the personal data relates are known as data subjects.
Two laws impose legal obligations on data controllers and processors. These are:
- The UK General Data Protection Regulation (UK GDPR).
- The Data Protection Act 2018.
In order to claim data breach compensation, you will need to demonstrate the following:
- Either the data controller or the data processor they use failed to meet their obligations under the UK GDPR or Data Protection Act.
- These failures resulted in a personal data breach, which impacted your personal information.
- This caused you to suffer financial harm, psychological distress or both.
What we mean by personal data is information that can be used to identify a living individual through direct or indirect means. Examples can include your name and contact information, your address and details of your bank or credit card accounts. Under the UK GDPR, more sensitive personal information is referred to as special category data, which requires higher standards of security. Personal information in the special category includes racial and ethnic data, health information and data relating to political and religious beliefs.
To find out if you’re eligible to work with an experienced data breach solicitor or to ask any questions about the claims process, get in touch with us today using the contact details given above.
How Much Data Breach Compensation Could I Receive?
If your claim is a success, you will receive a data breach compensation award. This award could be for up to two types of damage. Material damage refers to the monetary losses associated with a personal data breach, we will cover this later in the section. Non-material damage means the psychological distress caused by having your data exposed.
One of the many tasks that our solicitors could support you with is calculating a possible compensation figure for your claim. Those assigned this task can refer to relevant medical evidence in conjunction with the guidelines from the Judicial College (JCG). This detailed publication lists guideline compensation figures for various injuries.
We have used the JCG figures for psychological harm in the table below. The first entry is not a JCG bracket, this is a potential total compensation figure for both types of damage. Please be advised that all data breach claims are valued individually. As such, the figures below are not a guarantee of what you will receive should your claim succeed.
Compensation Table
This table has been included to act as guidance only.
| Injury Type | Injury Severity | Guideline Compensation Value | Notes |
|---|---|---|---|
| Severe Psychological Harm with Significant Monetary Losses | Severe | Up to £250,000+ | A payout reflecting the psychological harm caused by the personal data breach and the financial losses incurred, such as lost income. |
| General Psychiatric Harm | Severe (a) | £66,920 to £141,240 | A very poor prognosis and severe impacts on the injured person’s work, personal relationships and social life. |
| Moderately Severe (b) | £23,270 to £66,920 | A more positive prognosis but significant problems across multiple areas will be present. | |
| Moderate (c) | £7,150 to £23,270 | The injured person will have undergone a significant improvement in their condition and the prognosis will be good. | |
| Less Severe (d) | £1,880 to £7,150 | This bracket considers the length of the disability period, and the impact on sleep and daily activity. | |
| Post-Traumatic Stress Disorder | Severe (a) | £73,050 to £122,850 | Permanent effects across all aspects of life that prevent anything resembling the pre trauma level of functioning. |
| Moderately Severe (b) | £28,250 to £73,050 | Despite some recovery with professional help, the injured person will be experiencing significant disability for a prolonged period. | |
| Moderate (c) | £9,980 to £28,250 | The injured person will have mostly recovered and not be experiencing any gross disablement. | |
| Less Severe (d) | £4,820 to £9,980 | A virtual fully recovery within a year or two, with only minor persisting symptoms. |
Material Damage In Data Breach Compensation Claims
As we mentioned briefly above, material damage refers to financial losses. Material damage is, therefore a very broad category, but we have provided some costs you could be reimbursed for as part of your compensation here:
- You could claim for a loss of earnings due to time taken off work to recover from psychological injury.
- If your address has been exposed you may need to relocate or acquire home security measures. You could claim for the costs associated with this.
- Unauthorised persons gaining access to your bank or pension login credentials could result in money being stolen or unauthorised purchases being made in your name.
There are other examples of material damage that could occur during a personal data breach. This section is not intended to be exhaustive, rather provide guidance on how data breach claims are valued. To get a more personalised estimate of the compensation you could be entitled to, speak to our advisor
What Evidence Do I Need To Prove My Case?
To pursue a data breach compensation claim, you’ll need evidence that helps prove you were impacted and to what extent you were effected.
Some useful pieces of evidence that you can provide include:
-
Proof of the Breach: Official communication from the organisation confirming the breach and your data’s involvement. This could be a letter or email
-
Personal Impact Evidence: Documentation of any financial losses, emotional distress, or other harm suffered due to the breach. For example, you could provide bank statements showing the loss, as well as letters from your doctors in relation to medication or treatment.
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Correspondence Records: Any communication between you and the organisation regarding the breach can be helpful to your data breach solicitors
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Identity Verification: Proof of your identity to establish your connection to the compromised data.
Our team at JF Law can assist you in gathering and organising this evidence to build a robust case. Reach out to use today to see if we can help.
What Types Of Incidents Could Lead To A Data Breach Claim?
A data breach could occur in many different circumstances. We’ve provided a few possible scenarios, but of course, we cannot cover every circumstance here. So, if you do not see your particular circumstances listed, don’t worry, you could still be eligible to claim and should speak to advisors to find out more.
Scenarios where you could be eligible to claim data breach compensation include:
- Your employer failed to lock away physical copies of HR documents in the office, leading to a data breach at work. These documents were subsequently lost and other employees were able to access your HR information relating to bullying in the workplace. This caused you considerable distress.
- A county court sent a letter concerning your rent arrears to the wrong address. The case was subsequently escalated to the High Court, meaning you were liable for a much higher sum than you otherwise would have had to pay.
- Your local council sends confidential housing information to your neighbour by accident, causing a breach
- Your pension provider failed to adequately train their IT staff in data protection procedures. As a result of this, when their pension provider came under cyber attack, a large number of customer login credentials were stolen. Money was subsequently taken from your pension fund.
- A failure to secure a website, server or database could also create vulnerabilities that hackers can exploit.
- Your bank sent sensitive mortgage data to the wrong address
To get a free assessment of your eligibility to claim data protection breach compensation, or to ask any questions you may have, get in touch with our advisors today. The team is available 24 hours a day using the contact information provided above.
Examples Of Real Life Data Breaches In The UK
Data breaches have become increasingly prevalent, affecting organisations across various sectors from the NHS to multinational companies.
Some notable incidents in recent years include:
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Dixons Carphone Data Breach (2017–2018): Hackers installed malicious software on over 5,000 tills, compromising approximately 14 million personal records and 5.6 million payment card details.
-
Equifax Data Breach (2017): A cyberattack exposed the personal information of around 15.2 million UK customers, including names, addresses, and financial details.
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British Library Cyberattack (2023): The Rhysida hacker group targeted the British Library’s online systems, demanding a ransom and subsequently releasing approximately 600GB of sensitive data when the ransom was not paid.
-
UK Electoral Commission Data Breach (2021–2022): Unauthorized access to the Electoral Commission’s systems potentially exposed data of around 40 million registered voters, including names and addresses.
These incidents underscore the critical importance of robust data protection measures and the avenues available for affected individuals to seek compensation.
Claim Data Breach Compensation On A No Win No Fee Basis
You can claim data breach compensation on a No Win No Fee basis with one of our specialist solicitors if you have a valid breach of GDPR claim. Specifically, a data breach solicitor could offer you a Conditional Fee Agreement (CFA), which means you pay:
- Nothing upfront for your solicitor’s work, or throughout the entire claims process.
- Nothing at all for your solicitor’s work if your claim is not successful.
And, if your claim is successful, nothing is taken directly from your pocket. Instead, your solicitor will keep a small percentage of your breach of GDPR compensation. This is known as the ‘success fee’, and is capped by law to ensure that you still receive the majority of the compensation.
As you can see, connecting with one of our specialist solicitors on a No Win No Fee basis may be extremely beneficial. All of our solicitors have:
- Decades of experience combined in data breach compensation claims.
- Already won millions in compensation for their clients in the past.
- Decades of the highest level of legal training behind them.
- Taken on claims from anywhere in the country.
- Determination to get you the financial justice you deserve.
So, contact our advisors today to see whether one of our specialist solicitors could help you:
- Call 0151 375 9916
- Contact us online
We pride ourselves
on providing the best service
possible for our clients.
We pride ourselves on providing the best service possible for our clients.
How The No Win No Fee Claims Process Works
Investigations
We'll start by discussing your case and reviewing all of your evidence
Negotiations
Next, we'll initiate the claim with the defendant, obtain evidence and negotiate with them to accept liability for what they did wrong
Settlement
Once we negotiate liability issues we can push to settle your case. We always ensure that you get the best result possible and one you're happy with
Frequently Asked Questions (FAQ)
Do I Need To Work With A Data Breach Solicitor Near Me?
Many people wonder whether they need to work with a data breach solicitor in their immediate area. The answer is no.
Data breach is a technical and specialist area of law. Not all solicitors know how to approach and run these cases. So if you live in a little town with a couple of law firms, you may lack suitable options.
Given that you only get to make a claim once, it’s important to work with a data breach lawyer who understands the issues and knows how to secure you the best settlement possible, like ourselves.
Nowadays, communication can be done via phone, text, email and video calls. Face-to-face meetings are also important and we can arrange for these as well.
So, you don’t need to limit yourself to solicitors near you. Instead, look for experts in the field. If you’d like to speak with a data breach solicitor from our team, get in touch today. You can call us on the number above or click the button below to get started.
What Is The Information Commissioner’s Office (ICO)?
The Information Commissioner’s Office (ICO) is the UK’s independent body set up to uphold information rights. They have broad ranging powers to conduct investigations into organisations for not abiding by data protection legislation. If they find that data controllers or processors have failed to uphold the standards of the UK GDPR and DPA, they can issue reprimands or even fines to those organisations.
It is not a legal requirement that you first report a data breach or suspected data breach to the ICO before making a claim, and the ICO may decide to open an investigation themselves. Nevertheless, if an investigation is conducted, the findings can be useful evidence in your claim.
You can learn more about the ICO’s work and read about the remedial action they have taken on their website. To check if you are eligible to claim data breach compensation, speak to our advisors today.
Can I Check If I've Been Involved In A Data Breach?
If a data breach has occurred that puts the information rights of data subjects at risk, then the affected data subjects should be notified by the controller without delay. This is called a data breach notification letter and may be done by written letter or email. If the data breach meets the threshold for reporting, the ICO should be notified within 72 hours.
You should contact the organisation directly if you have concerns about how your data is being handled or you suspect your data may have been affected by a data breach. If you get no meaningful response or are ignored completely, you can then make a complaint to the ICO. As we said above, any findings from the ICO investigation can be used as evidence in your claim. To discuss the data breach claims process further, or to learn more about how you can check if you’ve been involved in a data breach, call the number below today.
Can I Claim If There Was No Financial Loss?
Yes, you can. UK law recognises that data breaches can cause psychological harm, such as stress or anxiety, even without direct financial loss. Compensation can be sought for this emotional distress, acknowledging the breach’s impact on your mental well-being.
How Long Do I Have To Make A Data Breach Claim?
In the UK, the standard time limit for filing a data breach compensation claim is six years from the date you became aware of the breach. However, for claims involving human rights violations, this period may be reduced to one year.
It’s advisable to seek legal advice promptly to ensure compliance with these timeframes.
Can I Still Claim Compensation If The ICO Is Involved?
Absolutely. The Information Commissioner’s Office (ICO) oversees data protection compliance and may investigate breaches, potentially imposing fines on organisations. However, these actions are separate from individual compensation claims. You retain the right to pursue compensation independently, regardless of the ICO’s involvement.
Can You Sue A Company For A Data Breach?
Yes, you can. Under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018, individuals have the right to seek compensation from organisations that fail to protect personal data adequately. Legal action can address both material (financial) and non-material (emotional distress) damages resulting from the breach.
How Long Does It Take To Investigate A Data Breach?
The duration of a data breach investigation varies based on factors such as the breach’s complexity and the organisation’s responsiveness. While some investigations conclude within weeks, others may extend over several months. The ICO provides quarterly updates on data security incident trends, offering insights into the prevalence and nature of reported breaches.
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With data breach law developing quickly and more breaches happening each day, this area of law can be something of a quagmire to navigate through. That’s why it always helps to have a specialist on your side to help pull you out of the mud.
That’s the role we serve—to provide you with the expertise you need to get normality back in your life and to fix any financial or mental damage that’s been caused.
To learn more about how we can help you, please get in touch.
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