Amazon Data Breach Compensation Claims
Online marketplaces often require your personal information for functional purposes. This is information such as your name, your address or your payment card details. This type of information has legal protections when an organisation uses it. There is legislation in place limiting how they can use it and regulations for how it must be secured and protected. If you were to suffer harm, because an organisation failed to properly secure, or misused your information, you could be eligible to make a data breach claim. This is a guide that will explain what evidence could be used to prove a claim for a possible Amazon data breach.
It will explain what a data breach is, and explain the rights you have regarding your personal information. It will show you how to begin a justifiable claim, and explain the evidence you may need to successfully make a claim for compensation.
Our advisers can also speak to you directly, and answer any questions you might have about making a data breach claim, you can speak to them now by:
Select A Section
- What Is A Data Breach?
- What Could An Amazon Data Breach Be?
- If An Amazon Data Breach Occurred, Could I Make A Claim?
- What Information Could Be Involved In An Amazon Data Breach?
- How Much Compensation Do You Get For A Data Breach?
- Get Advice About No Win No Fee Data Breach Claims
You will often have to submit your personal details to online marketplaces in order for them to provide a service to you. They in turn may keep a record of your history on the site.
Personal information is data or information you can be identified by.
- How your personal data must be securely stored
- How organisations cannot use your personal data with your consent or another lawful basis
- Your personal data being used for the intended purposes only, unless there’s a lawful exception
A personal data breach occurs when the security, confidentiality or integrity of your information is breached.
If your personal data is given to an organisation, it is their responsibility to make sure it is secured and only used lawfully. If you suffer harm because an organisation fails to properly safeguard your data, you could be eligible to take action against them in a data breach claim. However, you’d have to also show how you suffered financial loss or psychological damage, or both, because of the data breach.
If you were affected by a data breach, please speak to one of our advisers. They offer free legal advice and can give you information about what to do if your personal information was lost in a personal data breach.
A data breach by an online marketplace could be caused by
- Security Hack: Organisations with large customer bases and vast finances can be the targets of online security attacks. If an organisation does not have required or necessary cybersecurity in place, then they can be found liable for failing to properly secure your personal data.
- Customer Service: Employees of the organisation can have access to your personal information. If they share any of this information (such as a personal email address or mobile phone number) without a lawful reason, they may have committed a data breach.
- Third-Party Selling: Unless you have given your consent that a company plans to sell your personal information to a third-party organisation, then this act can be considered a data breach.
If your information was compromised in a data breach, please speak to one of our advisers for information.
To successfully make a claim you will need evidence of the organisation’s actions and the effects the breach had on you.
This can be in the form of:
- Company’s Fault: Organisations are required to inform you of serious breaches that risk your rights and freedoms. If you were affected financially, for example, the company’s email notifying you can act as evidence of their fault
- Financial Evidence: If the information exposed in the breach was used to steal money from you, bank statements or reports made to the bank, organisation or police can act as evidence of the theft.
- Medical Evidence: A diagnosis of the psychological effects the breach has had on you can act as evidence of the breach’s effects on you.
You can speak to one of our advisers about further supporting proof you could use in your claim if you have evidence you were affected by an Amazon data breach.
The type of information that could be exposed in an online market personal data breach include:
- General personal information: Information such as your name, personal address or your phone number.
- Financial information: Your debit or credit card details could be exposed.
If you were affected by a data breach, please speak to one of our advisers.
Compensation in data breach claims is assessed under two heads of claim.
Compensation for a person’s financial losses covers material damages. This could include:
- Theft: If your information was used fraudulently, or purchases were made using your details, you could recover the cost of the financial losses.
- Loss of income: If you were unable to work because of the mental effects of the breach, you may have lost income.
- Costs towards treatment: If the breach had affected you mentally and you spent money on treatment.
Compensation for any psychological harm the data breach had on you covers non-material damages.
Exposure of personal information can be a source of stress or anxiety for a person. You can be awarded compensation for this. The Judicial College Guidelines, the publication commonly referred to for compensation claims for personal injuries, lists potential compensation for mental harm. We have included the listed injuries and their potential compensation in the table below. The figures are taken from the April 2022 edition of the Guidelines.
Injury Notes Award
General Psychiatric Damage Mental harm affecting all parts of a person's life Severe Injuries Cases of serious harm with a poor chance of recovery £54,830 to £115,730
Moderately Severe Injuries Cases of significant harm albeit a more optimistic chance of recovery £19,070 to £54,830
Moderate Injuries Claimant initially affected heavily but recovering well £5,860 to £19,070
Less Severe Injuries Claimant's ability to perform regular activities was harmed for a period of time £1,540 to £5,860
Anxiety Disorder Affecting sleep and mood and causing nightmares Severe Injuries Severe effects leaving the claimant unable to work or go through life £59,860 to £100,670
Moderately Severe Injuries Severe effects as above but progress is showing with professional help £23,150 to £59,860
Moderate Injuries The claimant will be mostly recovered £8,180 to £23,150
Less Severe Injuries The claimant recovers within one to two years £3,950 to £8,180
You previously would not have been able to make a separate claim for mental harm but, following the case Vidal-Hall and others v Google Inc 2015, heard by the Court of Appeal, you could claim for the psychological damage caused by a data breach regardless of whether you also suffered financial loss. Because of this case, you can claim for financial loss, mental harm or both damages.
If you have questions about potential compensation, if you have proof of a valid personal data breach claim, then please reach out to our advisers. They could help you with the next steps after a potential Amazon data breach.
A data breach solicitor could help you make your claim, and you could access their services on a No Win No Fee basis. This means there is no initial fee to hire them and they would not require payment for their services during the handling of your claim.
A No Win No Fee’s solicitor’s fee would depend on the outcome of your claim. If you are successful, their payment is a success fee. This comes only as a percentage from your compensation and has a legal cap in place.
If your claim is not successful, you would not have to pay this fee.
To see if our advisers could put you through to our solicitors, why not get in touch? Reach out to our advisers by:
Data Breach Resources
Other resources that could be of use to you:
ICO: A guide to taking your case to court and claiming compensation
GOV: A guide to your data protection rights
Financial Ombudsman: You can make complaints about a retail online seller to The Financial Ombudsman
Thank you for reading our guide explaining justified claims against Amazon for a data breach. Other topics we discuss include:
- Claims For Anxiety Caused By A Data Breach
- Claims For Email Breaches Of Your Personal Information
- Suing A Company For A Data Breach
- Solicitors Lost My Medical Records – Can I Claim?
- Sickness At Work Data Breach Compensation Claims
- UK GDPR Breach Compensation Claims
- Child Custody Data Breach Claims
- Estate Agent Data Breach Claims
If you have evidence that could justify a claim following an Amazon data breach, why not reach out?
Written by Charles
Edited by Victorine