GDPR Data Breach Compensation Calculator

100% No Win, No Fee Claims
Nothing to pay if you lose.

  • Free legal advice from a friendly solicitor.
  • Specialist solicitors with up to 30 years experience
  • Find out if you can claim compensation Call 0800 073 8804

Start My Claim Online

UK GDPR Breach – Compensation Calculator

By Marlon Cooke. Last Updated 1st July 2022. In this guide, we explain what a UK GDPR breach is and how a compensation calculator can help when estimating what could be awarded in a successful personal data breach claim. The laws around the safe use of your personal information are tighter than ever since the introduction of new data security legislation. Under the new laws, if data has been breached because those who were handling it (data controller or processor) failed to adhere to data protection laws and it causes distress then you could have a right to be compensated.

UK GDPR breach compensation calculator

UK GDPR breach – compensation calculator guide

If data controllers or processors (those organisations that handle personal data) are found not to be applying the UK General Data Protection Regulation (UK GDPR) and The Data Protection Act 2018 properly could suffer a fine from the governing body called the Information Commissioner’s Office (ICO). It could also enable you to seek compensation for emotional distress and financial trouble if your personal data is breached as a result.

Speak to our team in complete confidence now to learn more about what your rights are after a data breach. They can advise how our data breach specialists could help you with your data breach claim. Simply:

Select A Section

  1. UK GDPR Breach – Compensation Calculator
  2. Types Of Sensitive Or Personal Data
  3. Who Can Claim For A UK GDPR Breach?
  4. Material Vs Non-Material Damages
  5. UK GDPR Breach – Compensation Calculator
  6. Contact Our Team For Advice On Your Data Breach Claim

UK GDPR Breach – Compensation Calculator

The Data Protection Act 2018 and the UK GDPR are the two main data protection laws in this country. They seek to provide the data subject, those who have their personal information processed, a lot more rights. And they dictate to data controllers/organisations how data should be processed.

Data that is personal and highly sensitive are the only types of information that are protected by these laws. A personal data breach will involve a security incident where your personal data is:

  • Loss or stolen (such as stolen computers) that contain data
  • Destroyed or altered.
  • Accessed unlawfully
  • Duplicated
  • Disclosed

If a data subject is a victim of a UK GDPR breach a compensation calculator may be used as a way of working out what amounts you could be owed in either financial or emotional damage if this failure to adhere to legislation led to a personal data breach.

Below we discuss what type of data could present a problem if leaked and the evidence needed to calculate the two types of compensation that may be warranted afterwards.

Types Of Sensitive Or Personal Data

In order to interact with virtually every type of business or organisation, both on and off-line, we are obliged to provide details about ourselves. Some of this information is required by law. We trust that the organisations that retain and use this data are doing so in accordance with UK GDPR law. For example, you may need to provide:

  • Name and address
  • Email address
  • Date of birth and disclosed ethnicity
  • Details of dependants
  • Housing and employment details
  • Bank information
  • Affiliations with religious groups
  • Biometric data such as fingerprints

The ICO calls these pieces of information ‘identifiers’ which means that they can be used to identify you.

Who Can Claim For A UK GDPR Breach?

Data breach victims may only discover the breach long after the initial problem occurred. Companies are legally required to report a serious data breach to the ICO within 72 hours. Also, they should contact any customer or service user affected to alert them.

If you are subjected to a personal data breach you can do the following:

  • Raise a complaint with the organisation that breached your data as soon as you become aware
  • After no longer than 3 months from the last meaningful contact with them on the matter, you can ask the ICO to step in if there is an unsatisfactory response, (you can complain to them at any point if you wish).
  • The ICO does not pay compensation either but their involvement can lend weight to your claim.
  • Start to assemble evidence of the financial or emotional toll the data breach has taken on you
  • Reach out for help with a data breach solicitor

Tracking a data breach back and obtaining proof that the party involved caused the issue through positive wrongful conduct are essential. Professional help can organise this. Furthermore, a solicitor can ensure that you calculate all the costs to you caused by the problem. After a successful personal data breach claim following a UK GDPR breach, a compensation calculator could help to estimate what you may be awarded.

Material Vs Non-Material Damages

Any valid personal data breach claim will have shown the data controller or processor was liable for the breach. If they could not have prevented the breach then a claim is unlikely.

If your personal data breach claim is successful after a UK GDPR breach then a compensation calculator can be used to arrive at an estimate. There are two types of damages that may be awarded:

Material Damages

These are the actual, out-of-pocket expenses that you can prove you incurred due to the data breach. For example, a data breach may mean that online criminals were able to access your banking details and steal money. You could use a bank statement to show when the unusual activity happened.

Banks are generally more than happy to provide information to help prevent online fraud as it is in their best interests as well. Speak to our team and they can advise what other bills, receipts or documentation could bolster your claim amount from the liable party.

Non-Material Damages

After the shock and turmoil of a situation like this, people can be left feeling violated and extremely distressed. This could give rise to mental health problems such as stress due to the data breach or anxiety and depression. Trying to cope after a data breach can be so severe for some people that they suffer from post-traumatic stress disorder (PTSD).

In previous years it was not possible to make a claim solely for non-material damages. Compensation for mental harm could only be sought as part of a claim for financial losses; this has changed following the decision made in the Court of Appeals case, Vidal-Hall v Google. 

UK GDPR Breach – Data Breach Calculator

The compensation you could be awarded in a claim for material damages will be unique to your circumstances. The compensation you could be awarded in non-material damages will be valued with the help of the Judicial College Guidelines (JCG).

To show you potential mental harm compensation for your UK GDPR breach claim, we have included a table of the psychological injuries featured in the 2022 edition of the JCG.

Type of Emotional DamageJC Guideline Award BracketDetails
General Psychiatric Damage(a) Severe - £54,830 to £115,730Massive impact on every area of the persons life
General Psychiatric Damage(b) More Moderate to Severe - £19,070 to £54,830Improved prognosis than bracket above but still debilitating mental health concerns
General Psychiatric Damage(c) Moderate in Nature - £5,860 to £19,070Despite persistent issues, by the time of hearing the case there will have been a marked improvement
General Psychiatric Damage(d) Less Severe - £1,540 to £5,860This award usually takes into account the duration and severity of the initial problem, physical symptoms and impact on daily life
(PTSD) Post-Traumatic Stress Disorder(a) Severe - £59,860 to £100,670Chronic trauma response that impacts every aspect of the sufferer's normal life
(PTSD) Post-Traumatic Stress Disorder(b) Moderately severe -£23,150 to £59,860Cases where professional counselling can do much to help yet problems are still notable
(PTSD) Post-Traumatic Stress Disorder(c) Moderate - £8,180 to £23,150Overall a good general recovery with a few issues remaining
(PTSD) Post-Traumatic Stress Disorder(d) Less severe in Nature - £3,950 to £8,180A full recovery more or less, some minor problems that may remain

You can use the figures presented in the table, or the compensation calculator on our page, to reach an estimate of the value of your claim. Alternatively, you can speak to one of our advisers. 

They have experience in valuing data breach claims and can give you a more accurate and specific estimate to your claim. They can inform you about financial losses you could be eligible to be compensated for and confirm your right to claim. If you are looking for a valuation, please reach out to one of our advisers for information about compensation amounts for UK GDPR breach claims.

Contact Our Team For Advice On Your Data Breach Claim

A personal data breach claim following a UK GDPR breach and how a compensation calculator works can be complex. When trying to assemble proof of all aspects of damage done, it can help to have professional guidance. The opinion of a data breach specialist acting under a No Win No Fee agreement ensures that you include and calculate every penny that you may be owed.

With this in mind, there are some other instant benefits to No Win No Fee representation:

  • No upfront hiring fees
  • Or any as the case progresses on your behalf
  • Nothing due to a No Win No Fee solicitor if the case fails
  • Winning outcomes require a percentage of never more than 25% from the settlement to cover their success fee.

If you want to learn more about how a claim for a UK GDPR breach and compensation calculator can work for you, please:

Learn More About A UK GDPR Breach And How A Compensation Calculator Could Help You

    Contact Us

    Fill in your details below for a free callback

    Name :
    Email :
    Phone :
    Services :
    Time to call :