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If your personal or sensitive data has been exposed, lost, accessed without your consent, or shared unlawfully, you may be entitled to claim data breach compensation. You can claim against both private companies and public bodies, including employers, councils, the NHS, financial institutions and online platforms. Compensation can cover financial losses such as fraud or identity theft, as well as psychological harm such as anxiety, stress and loss of privacy. Many claims can be handled on a No Win No Fee basis, meaning there is no upfront cost and no financial risk if your claim is unsuccessful.
If your personal data has been compromised, it can feel unsettling, frustrating and, in some cases, overwhelming. You may be dealing with the worry of fraud, the stress of knowing your private information is no longer secure, or the impact of sensitive details being exposed without your consent.
The key thing to understand is that you do not have to accept this. If an organisation failed to protect your data, you may have a legal right to claim compensation.
At Legal Expert, our experienced data breach solicitors specialise in helping people across the UK pursue data breach compensation claims. We take a straightforward, supportive approach, explaining your options clearly and handling the legal process on your behalf.
We know that many people are unsure whether they have a valid claim. That is why we offer a free initial assessment. We will review your situation, tell you honestly whether you can claim, and guide you through the next steps.
If you would like clear answers about your situation and whether you could be entitled to compensation, contact our team today for free, no-obligation advice.
4.8 (466 reviews) To see the key points from our guide, why not watch our video below:
Article 4 of the UK General Data Protection Regulation (UK GDPR) defines a personal data breach as a breach of security which leads to the unlawful or accidental disclosure, loss, alteration, destruction, or unauthorised access to someone’s personal data.
Personal data is any type of information that can reveal your identity. Some examples of personal data include personal email addresses, names, postal addresses, and national insurance numbers.
Special category data is personal data that needs protecting more because the information is sensitive. Some examples of special category data can include your genetic data, biometric data, and data concerning your health.
If your personal data has been breached, contact us today to find out whether you can begin a personal data breach compensation claim.
If your personal data was breached, you may wonder if you are entitled to compensation. The personal data of all UK residents is protected by the UK GDPR and the Data Protection Act 2018 (DPA).
Data controllers, who decide how and why to use your personal data, and data processors, who process the data on behalf of the controller, are both expected to comply with this legislation. If they fail to do so, this is known as wrongful conduct. Wrongful conduct can lead to a personal data breach
So, in order to claim compensation for a data breach, you have to be able to prove that:
We look at a few data breach compensation examples further in this article, or you can speak with an advisor to discuss your eligibility to claim.
You could make a claim if your personal data was compromised in a data breach due to an organisation breaking the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation’s (UK GDPR) rules. You will also need to prove that the personal data breach caused you to suffer mental harm or financial loss.
There are various ways a data breach could happen, as we explore in this blog post. Some examples include:
It is important to note that not all data breaches can lead to a claim. If you did not suffer any harm due to the data breach, or if the organisation took all the necessary steps and measurements to protect your personal data, but it was still compromised, you might not be able to claim.
Contact our advisors today to receive free legal advice regarding your specific claim. They could also help you answer any question you may have about starting a claim for a personal data breach.
Data leaks are a type of data breach that occur when an organisation or individual provides personal data to an unauthorised person. This transmission could happen physically or electronically. Data breaches and data leaks are often considered the same concept. However, as a type of data breach, a leak is only one way in which your personal data could be compromised. Further, a data leak is a disclosure of this information, whereas the overall definition of breach includes unauthorised destruction of personal data.
Data leaks usually occur accidentally due to reasons such as human error, rather than being intentionally done. On the other hand, a data breach could be intentional.
A few common examples of how a data leak could occur include:
Data leaks can be annoying and devastating, depending on the sensitivity of the information leaked. The ICO has suggested some tips for organisations to keep their IT systems secure. If you have suffered a data leak and wish to claim data breach compensation, call our advisors now for more information.
If you suspect your personal data was compromised, you may want to know what to do after a data breach. Some steps you take could help secure your information, whilst others will help support a claim for data breach compensation.
Firstly, you will want confirmation of the data breach. You could ask the organisation that you suspect breached your data to confirm that a data breach occurred, what data was included in it and how it happened. Any correspondence between you and the organisation can help support a compensation claim. We look at other examples of evidence later on.
If the organisation does not respond, or the response is unsatisfactory, you can complain to the Information Commissioner’s Office (ICO). We further explain this in the next section.
Additionally, you could run a credit check. This could help alert you to any fraudulent activities, such as another party obtaining a credit card. You may also want to watch your bank statements to ensure criminals have not gained access to your account. Furthermore, you can notify your bank of the data breach.
You may also wish to take steps to protect your personal data, such as changing passwords on your online accounts, including those for email and social media.
Direct any questions about what steps could help support a claim for data breach compensation to an advisor from our team.
4.8 (466 reviews) 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.
The ICO does not pay data breach compensation.
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.
If you are eligible to pursue a claim for data breach compensation, collecting sufficient evidence could help support your case.
Some examples of evidence that could help support your personal data breach claim include:
Contact our advisors today to discuss your potential claim. If they believe you may have a strong case, they could connect you with a solcitor, who could help you with gathering evidence.
If your data breach claim is successful, then the settlement may compensate for your non-material and material damage. You can claim for both types of damage either independently or together.
Non-material damage is any psychological harm you’ve experienced due to a breach of your personal data. Those who value a data breach compensation claim for the non-material damage you have suffered may use the Judicial College Guidelines (JCG) for reference. This document features guideline compensation brackets for numerous types of psychological and physical injuries.
Compensation figures found in the JCG for mental health injuries include the examples below (aside from the first entry):
Material damage refers to financial losses you’ve experienced because of a data breach. For example, if you’ve suffered a psychological injury and you have taken unpaid time off work so you can recover, then the loss of earnings could possibly be included as part of your settlement.
You’ll need evidence to claim for your material damage. This may include specific documents like wage slips, bank statements, receipts or invoices.
To ask questions about how much compensation for a data breach you could claim, get in touch with our advisors for free today.
If you have a valid case to start a data breach claim, you may want to consider obtaining legal representation.
One of our expert data breach solicitors may be able to help you with your case. Additionally, they may offer to represent you on a No Win No Fee basis under a Conditional Fee Agreement.
With this particular arrangement in place, you will not have to pay anything upfront to your solicitor for them to begin working on your case. Furthermore, there will be no fees to pay for their services if the claim ends unsuccessfully.
However, if you are successfully awarded data protection breach compensation, your solicitor will deduct a success fee from this. There is a legal cap in place for the percentage that this success fee can be.
To see if one of our No Win No Fee solicitors could assist you with your personal data protection compensation claim, you can contact our advisors.
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:
4.8 (466 reviews) Below, you can find answers to some common questions we often get asked in our experience on data breach claims:
Data breach compensation claims are legal claims made when your personal data has been exposed, lost, accessed without permission or mishandled, and you have suffered harm as a result. In the UK, these claims are brought under the UK GDPR and the Data Protection Act 2018. You can claim for both financial losses and emotional distress.
Yes. You can claim if an organisation failed to protect your personal data and you were affected as a result. This applies to both private companies and public bodies. You must show that the breach caused you harm, either financially or emotionally.
A personal data breach occurs when personal information is lost, disclosed, accessed or altered without authorisation. This includes emails sent to the wrong person, lost paperwork, cyberattacks, and unauthorised access to systems or records.
No. You do not need to lose money to make a claim. You can claim for emotional distress alone, including anxiety, stress and loss of privacy. This is known as non-material damage under UK data protection law.
Yes. Emotional distress is a recognised form of damage. You can claim compensation for anxiety, stress, sleep disturbance and other psychological effects caused by a data breach, even without financial loss.
Compensation depends on how the breach has affected you. Minor distress may result in lower awards, while more serious or long-term psychological harm can lead to higher compensation. Financial losses are calculated separately based on evidence.
There is no fixed average, as every case is different. Lower-value claims may involve a few thousand pounds for short-term distress, while more serious cases involving long-term psychological harm or financial loss can result in significantly higher awards.
Many data breach claims are resolved within a few months, but more complex cases can take longer. The timeframe depends on the evidence available, whether liability is admitted, and how severe the impact is.
You may need breach notification letters, correspondence with the organisation, financial records showing losses, and medical evidence of psychological impact. A solicitor can help gather and present this evidence effectively.
Article 82 of the UK GDPR gives individuals the right to claim compensation if their data protection rights have been breached. It allows claims for both financial loss and emotional distress caused by the misuse of personal data.
You should keep any evidence of the breach, record how it has affected you, and contact the organisation involved for more information. You can also report the issue to the ICO. Speaking to a solicitor early can help you understand your options.
No. You do not need to report the breach to the ICO before making a claim. While an ICO investigation can support your case, compensation claims are separate and can be pursued directly through a solicitor.
ICO fines are penalties issued to organisations for breaking data protection laws. This money is paid to the regulator, not to individuals. Compensation is claimed separately through a legal process and is paid directly to you.
Yes. Many solicitors offer No Win No Fee agreements. This means you do not pay upfront legal fees and you will not pay your solicitor if your claim is unsuccessful. A success fee is only taken if your claim wins.
You can start by contacting a solicitor for a free case assessment. They will review your situation, explain whether you have a valid claim, and guide you through the next steps. Most claims can be started quickly and handled remotely.
