Data Breach Compensation Claims – A Complete Guide To GDPR Data Breach
Welcome to our data breach compensation claims page.
Here, you can find lots of useful information and guides on making data breach claims. Specifically, you can find details on:
- The role of the Information Commissioner’s Office (ICO)
- The roles of the General Data Protection Regulation (GDPR) and Data Protection Act 2018
- What organisations could be subject to a data breach claim
- How much compensation you could get in a data breach claim
- And how you can make a No Win No Fee data breach claim with our expert solicitors.
We’ll also answer questions like:
- How long does a data breach claim take?
- And how much is a data breach claim worth?
What Is A Data Breach Compensation Claim?
A data breach is the unlawful disclosure or accessing of personal data without your consent. This personal data may have been misused, disclosed, destroyed or lost. It may have occurred as a result of human error or because of a cyberattack.
A data breach could cause all types of damage and harm. If, for example, your GP sends a letter containing sensitive information to your neighbour’s address and they happen to read the content of that letter, it may provoke significant stress and anxiety.
There may also be financial harm inflicted too. If your bank details have been accessed in a cyberattack, for example, you may be subject to identity theft.
If you’ve been the victim of a breach of privacy, you’re entitled to make a claim under data protection law.
There are time limits in place when it comes to making a data breach claim. From the date of the breach, you have 6 years to begin proceedings, or 1 year if it involves a human rights issue. Our advice is to take action as soon as possible. The longer you delay, the harder it might be to recall details or trace evidence.
Who Can You Make A Data Breach Claim Against?
In our modern world, we’re forever consenting to organisations holding onto our data. This may be an online store, the local council or your NHS GP and hospital.
The body in charge of monitoring and enforcing data protection laws is the Information Commissioner’s Office (ICO). They have over the past few hours issued fines, some of them significant, to a number of different companies and organisations. For example:
- British Airways was fined £20m in October 2020 for failing to protect the personal and financial data of in excess of 400,000 customers. British Airways had been subjected to a cyberattack in 2018, which went undetected for more than 2 months.
- In July 2019, the ICO gave notice of its intention to fine international hotel chain Marriott £99m. This followed a cyberattack in which the personal data of 339 million global customers was accessed, including 7 million in the UK.
- In 2018, an error in the system used by the NHS led to 150,000 patients being involved in a data breach.
What Is The Information Commissioner’s Office (ICO)?
The ICO is an independent organisation that is charged with enforcing compliance with the GDPR and the Data Protection Act 2018. They’re also charged with enforcing compliance with other laws, such as the Privacy and Electronic Communications Regulations (PECR), as well as other legislation.
If you believe that you’ve fallen victim to a data breach, the ICO recommends contacting the organisation directly to complain. If nothing comes of that complaint then you can take the matter up with the ICO, ideally no later than 3 months since you last heard from the organisation.
As we’ve seen above, the ICO can issue hefty fines, like the £20m they gave to British Airways. But above all, the ICO seeks to enforce compliance with the laws. They provide recommendations and guidance on how organisations can fix problems with data protection.
The ICO, however, cannot provide you with data breach compensation. To achieve that, you’d need to make a claim yourself.
How Can I Be Compensated Following A Data Breach?
Under data protection law, it’s possible to seek compensation for two forms of damage:
- Material damage – this relates to your finances. If you suffer monetary or identity theft, or damage to your credit rating, you can seek compensation to account for this form of harm.
- Non-material damage – relate to your mental health. If the data breach has created stress in your life, anxiety, depression, or even post-traumatic stress disorder, it’s possible to seek compensation for these conditions, as well as the impact they’ve had on your life as a whole, such as impacting your ability to work and socialise.
If you’d like more guidance on data breach compensation claims, please get in touch, or consider some of our guides below.
Data Breach Guides
Below, you can find links to some of our published data breach claims guides.
- Data breach claims FAQ
- Solicitor data breaches
- Stalker data breach claims
- How to report a data breach incident
- Nursery data breaches
- Housing association data breaches
- Medical records data breach
- Medical data breaches
- Local authority and council data breaches
- HR data breaches
- I suffered stress after a data breach, can I make a claim?
- Comparison site data breaches
- GP data breaches
- Dentist data breaches
- Optician data breaches
- Pharmacy data breaches
- Social services data breach
- My personal data has been lost, what are my rights?
- Private healthcare medical data breach
- Credit card data breach claims
- Employer data breaches
- Loan company data breach compensation claims
- Mortgage company data breaches
- School data breach claims
- Hotel data breaches
- Unauthorised access to patient records
- University data breaches
- Queen Margaret University data breaches
- University of Westminster
- Northumbria University
- University of Wolverhampton
- University of the Arts London
- University of Worcester
- University of Plymouth
- Glasgow Caledonian University
- University of Winchester
- University of Suffolk
- Edinburgh Napier University
- University of Buckingham
- University of the Highlands and Islands
- University of Warwick
- University of Sussex
- Teesside University
- University of Surrey
- The University of the West of England
- Staffordshire University
- University of Wales
- University of Brighton
- Swansea University
- Sheffield Hallam University
- University of West London
- Bangor University
- University of Aberdeen
- University of Bath
- University College Birmingham
- Abertay University
- Birmingham City University
- Anglia Ruskin University
- Canterbury Christ Church University
- University of Huddersfield
- University of Central Lancashire
- University of Cambridge
- Liverpool Hope University
- Liverpool John Moores University
- London South Bank University
- University of Leicester
- Leeds Beckett University
- Leeds Arts University
- London Metropolitan University
- University of Newcastle
- University of Hull
- University of Manchester
- Leeds Trinity University
- Ravensbourne University London
- Regent’s University
- Plymouth Marjon University
- University of Greenwich
- University of Nottingham
- University of Bolton
- University of Leeds
- Bath Spa University
- Oxford Brookes University
- University of Kent
- The Open University
- Nottingham Trent University
- Lancaster University
- Kingston University
- Roehampton University
- University of Bedfordshire
- Cardiff Metropolitan University
- Cranfield University
- University of Derby
- The Arts University Bournemouth
- Cardiff University
- Falmouth University
- University of Bradford
- University of Cumbria
- University of Essex
- Royal Agricultural University
- Durham University
- University of Reading
- Loughborough University
- University of London
- De Montfort University
- University of East Anglia
- Aberystwyth University
- University of Birmingham
- Brunel University
- University of Bristol
- Aston University
- University of Exeter
- University of Glasgow
- Newman University
- Bishop Grosseteste University
- University of Southampton
- University of Chester
- University of East London
- Solent University
- University of Liverpool
- Imperial College London
- University of Salford
- Robert Gordon University
- University of Oxford
- University of Gloucestershire
- Manchester Metropolitan University
- Norwich University
- Middlesex University
- University of Lincoln
- University of Edinburgh
- University of Sheffield
- University of Northampton
- Harper Adams University
- St Marys University Twickenham
- NHS data breach compensation claims guide
- Watford Community Housing data breaches
- Leads Work Limited
- Flagship Group
- Transform Hospital Group
- BUPA Healthcare
- Premier Inn
- Post Office Money
- Holmes Financial Solutions
- Three data breach claims
- Keurboom Communications
- Independent Inquiry Into Child Sexual Abuse
- Tesco Clubcard
- Central London Community Healthcare Trust
- Brighton and Sussex University Hospitals
- NHS Surrey
- Blackpool Teaching Hospitals
- Public Health Wales
- Well Pharmacy
- Superdrug Pharmacy
- Royal Free Hospital
- Marriott International Hotels
- Virgin Healthcare
- HCA Healthcare
- British Airways
- Chelsea and Westminster Hospital NHS Foundation Trust
- Kings College Hospital
- Spire Healthcare
- Tesco Pharmacy
- Hilton Hotels and Resorts
- St Georges Healthcare NHS Trust
- Kettering General Hospital
- Dixons Carphone Warehouse
- Morrisons Pharmacy
- Asda Pharmacy
- Boots Advantage Card
- Holiday Inn
- Ibis Hotels
- Gordons Chemist
- Ramsay Healthcare
- Post Office
- Royal Bank of Scotland
- Doorstep Dispensaree
- Capital One
- Ministry of Defence
- The Police
- Costa Coffee
- Lloyds Pharmacy
- BMI Healthcare
- Nuffield Health
- Standard Chartered
- HSBC Bank
- Crown Prosecution Service (CPS)
- TSB Bank
- Lloyds Bank
- Virgin Media
- Foxtons Estate Agents
- Virgin Mobile
- Sainsbury’s Bank
- Bank data breach compensation claims
- H&M data breach
- Home Group
- Malaysia Airlines
- Compare The Market
Start Your No Win No Fee Claim Today
We believe that everybody should have equal access to justice, and because of that belief, we offer all of our clients the option of entering into a No Win No Fee agreement when pursuing a claim.
What does this mean? Essentially, if your claim fails, you will not have to pay your solicitor any of the fees they have incurred in pursuing your case. You also won’t be liable to pay any upfront fees nor any costs while the claim is ongoing.
If the claim does succeed, your solicitor will deduct a small percentage of the compensation award to cover their costs. This percentage is capped by law, so you need not worry about losing much of your compensation.
Get In Touch With Our Expert Solicitors
Our team is available 24 hours a day, 7 days per week to answer any legal queries you may have. And there’s no obligation to proceed with a claim. You can get in touch in the following ways:
- By calling us on 0800 073 8804
- Writing to us with details of your case by clicking here.
- Or sending us a message via our live chat function, which can be found bottom right.
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