Last Updated 26th November 2025. An accidental data breach at work can cause significant psychological and financial harm. It can also lead to a breakdown of trust, leaving those affected anxious about sharing personal information with their employer or even being out of a job. If you’ve been harmed after your personal information was compromised, you may be able to start the accidental data breach at work compensation claims process.
Here at Legal Expert, we have seen firsthand how data breach compensation can provide much-needed financial relief to workers whose personal information has been compromised. Our solicitors are experienced in handling data breach claims; from gathering evidence to navigating the process, one of them is here to help you pursue compensation.
What You Need To Know About Accidental Workplace Data Breaches
- What Information Can Be Compromised In A Workplace Breach? A breach could reveal various kinds of personal information, including your home address, national insurance number, genetic data, and trade union membership.
- Can I Complain About A Workplace Data Breach? Yes, you can complain through your employer’s own process and the Information Commissioner’s Office (ICO), the UK’s data protection regulator.
- How Could Data Be Breached At Work? They can occur if a device is lost or stolen, personal data is emailed or posted to the wrong address, or regular cybersecurity updates are not made.
- Which Industry Has The Most Workplace Data Breaches? According to the ICO, the health sector reported the most incidents in 2024, with 2,442.
- Do I Have Anything To Pay Upfront To Make A Data Breach Claim? Our solicitors at Legal Expert work on a No Win No Fee basis, meaning they do not charge any upfront service fees to begin working on a claim.
Please reach out to our team today to find out more about claiming for an accidental data breach at work.
4.8 (466 reviews) What Are Accidental Data Breach At Work Compensation Claims?
You may be wondering if you can make an accidental data breach at work compensation claims. Maybe your personal data has been sent in an email to the wrong recipient, or a letter containing your personal data has been posted to the wrong address by mistake.
Under the data protection law that we will discuss later in the guide, a personal data breach can be an accidental or unlawful loss, destruction of data, alteration or disclosure. Or an authorised person accessing your personal data in a data security incident.
UK Data Protection Laws
Two main bodies of legislation protect your personal data. These are the UK General Data Protection Regulation (UK GDPR), and the Data Protection Act 2018 (DPA).
The Information Commissioner’s Office (ICO) oversees compliance with these laws. It is also the ICO to which you can report a data breach.
Can Staff Claim Compensation For A Breach At Work?
To have good grounds to claim for an employer data breach, you must be able to prove that you meet the eligibility criteria set out in Article 82 of the UK GDPR. This means that you need evidence that proves:
- The data controller or processor’s failure to comply with the legislation in place to protect personal data caused a breach. A data controller is generally an organisation that decides why they need to process your data and how to go about it. Data processing is anything that is done to or with personal data, such as collecting and then storing it, ie for payroll purposes. However, the controller may instruct a data processor to carry out the processing on their behalf.
- Your personal data was involved in this data breach.
- This compromise caused you to experience damage. This could be mental health damage, such as the diagnosis of a psychological illness, or it could be financial losses.
Get in touch with a member of our advisory team to discuss whether you could be eligible to make a claim for an accidental data breach at work.
How Long Do I Have To Claim For A Data Breach At Work?
There is usually a time limit you must adhere to if you have an eligible personal data breach claim following a data protection breach at work. Generally, you need to do so within six years instead.
Contact our advisors online or on the phone today if you need more advice regarding your eligibility to claim for a data breach at work. If it seems like you have a strong case, they could connect you with one of our No Win No Fee solicitors who could help ensure your claim is filed within the correct limitation period.
Personal Information Which Employers May Have
Data protection and security laws do not protect all types of data. They protect personal and special category data, which is a type of personal data that needs added protection by its sensitive nature.
- Personal data – contact details, your name, address, date of birth, email address, or phone number.
- Special category data – your race, genome data, religion, sexual preferences, trade union memberships, political beliefs, etc.
To find out more about accidental data breach at work compensation claims and to have a free case assessment by our data breach claims team, call today.
Why Do Accidental Data Breaches At Work Occur?
Why do accidental data breaches occur? There are many reasons, such as human error. Employees may be unaware of their data protection obligations without proper workplace training.
Below are some examples of how data can be put at risk and result in data breaches
- Employee contracts are left out in an insecure location
- The proceedings of a hearing for disciplinary action are discussed with an employee who does not have the authority to know them.
- Your personal data is emailed to the wrong person, who is not authorised to have it.
- A lost or stolen device contained your personal data.
- A misdirected fax, sent to the wrong number, contained your data.
What Could You Claim For An Accidental Data Breach At Work?
A data breach could result in psychological injuries such as post-traumatic stress disorder, stress and anxiety. Non-material damage is the psychological harm that you have suffered, while material damage is the financial impact of the data breach.
The table below is based on the Judicial College Guidelines, a text that publishes suggested compensation brackets for various kinds of harm. Please be aware that the top entry in the following table has not been taken from the JCG, and all of its rows do not guarantee compensation.
| Health Problem | Severity | Potential Compensation |
|---|---|---|
| Significant Serious Psychological Harm Plus Financial Losses | Very Serious | Up to £500,000+ |
| Psychological injury | Severe | £66,920 to £141,240 |
| Psychological injury | Moderately Severe | £23,270 - £66,920 |
| Psychological injury | Moderate | £7,150 to £23,270 |
| Psychological injury | Less Severe | £1,880 to £7,150 |
| Post Traumatic Stress Disorder | Severe | £73,050 to £122,850 |
| Post Traumatic Stress Disorder | Moderately Severe | £28,250 to £73,050 |
| Post Traumatic Stress Disorder | Moderate | £9,980 to £28,250 |
| Post Traumatic Stress Disorder | Less Severe | £4,820 to £9,980 |
4.8 (466 reviews) No Win No Fee Claims For An Accidental Data Breach At Work
Have you suffered financial loss or mental harm due to your employer breaching your data? Do you think you might have a valid claim?
In many cases, it can be possible to have data breach claims processed by a lawyer working under a No Win No Fee agreement. You won’t be asked to pay an upfront fee. And you won’t need to pay your lawyer a fee if the claim is not a success. A pre-agreed, legally limited success fee will be due to your lawyer if the claim is a success.
Do you have more questions? Would you like to learn more about whether you can make accidental data breach at work compensation claims? Then use the information below to get in touch.
- Telephone 0800 073 8804
- Fill out our contact form
- Send a message through live chat
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