UK GDPR Breach Compensation Claims
Are you wondering if you could claim for UK GDPR breach compensation following a breach of your personal data? If you’ve suffered mental or financial harm, you may be able to make a claim.
UK GDPR breach compensation
In this guide, we will explain how a personal data breach can occur, as well as what personal data is. We will also discuss the steps that organisations are expected to take under the UK General Data Protection Regulation (UK GDPR) and under the Data Protection Act 2018 (DPA).
Following this, we will discuss who can claim compensation for a data breach, and how compensation claims are valued by legal professionals.
To learn more about making a UK GDPR breach compensation claim, get in touch with our team of advisors today. They can provide free legal advice, and answer any further questions you may have that are not addressed by this guide. To learn more:
- Call us on 0800 073 8804
- Contact us online
- Use the live chat feature
Select A Section
- A Guide To UK GDPR Breach Compensation Claims
- What Is A Breach Of The UK GDPR?
- How Could I Be Compensated For A Breach Of The UK GDPR?
- How To Claim UK GDPR Breach Compensation
- No Win No Fee UK GDPR Breach Compensation Claims
- Start Your No Win No Fee Claim
A Guide To UK GDPR Breach Compensation Claims
Before we talk about the UK GDPR, we will first discuss personal data. Personal data is any information that could identify you as a living person. For example, this could include your:
- Full name
- Postage address
- Email address
- Banking details
- National insurance number
However, it also includes special category data. This kind of personal data is considered to be sensitive in nature, and because of this, it requires extra protection under the UK GDPR and the DPA. Special category data can include your:
- Trade union membership status
- Sexuality
- Religious or philosophical beliefs
- Racial or ethnic origin
If the security, integrity, or availability of this data is compromised in a security incident, then this is a personal data breach. We will discuss the criteria for claiming for a breach later on in this article.
Read on to learn more about claiming UK GDPR breach compensation, or get in touch with our advisors to find out what steps you can take next.
What Is A Breach Of The UK GDPR?
Data controllers and data processors are the two parties that have access to your personal data and are both bound by the UK GDPR and the DPA.
A data controller decides why and how to use your personal data and is responsible for establishing a lawful basis for processing your data. There are 6 lawful bases laid out by data protection legislation. Following this, the data processor processes your personal data by following the data controller’s instructions.
If the data controller or processor fails to comply with the UK GDPR, this could lead to a personal data breach. The UK GDPR is enforced by the Information Commissioner’s Office (ICO). The ICO is an independent, UK based watchdog dedicated to upholding data protection rights for UK residents. They do not offer compensation, but they do have the power to investigate a breach, and they can also fine organisations who breach the UK GDPR.
For example, your employer could breach the UK GDPR by sending your disciplinary records to the wrong email address, even though they have your correct address on file. Or, an accountant data breach could occur if your account verbally discloses your tax information over the phone without first conducting the appropriate security checks.
For more information on starting a claim for UK GDPR breach compensation, get in touch.
How Could I Be Compensated For A Breach Of The GDPR?
There are two areas of compensation that you could be eligible to a receive if your claim succeeds. This is compensation for material damage, and compensation for non-material damage.
Non-material damage refers to the damage the breach causes to your mental health. A personal data breach can lead to significant harm to your mental health. For example, you could suffer from anxiety because of a data breach, or depression due to a breach. Harm such as this could be covered by non-material damage compensation.
The table below shows figures that have been taken from the Judicial College Guidelines (JCG). This is a text that solicitors and legal professionals can reference when valuing compensation claims, as it offers guideline settlement brackets. This table features figures relating to non-material damage compensation.
| Injury | Severity | JCG Bracket | More Notes |
|---|---|---|---|
| Psychiatric Harm | Severe | £54,830 to £115,730 | Severe and permanent symptoms cause issues in coping with all areas of day to day life. |
| Psychiatric Harm | Moderately Severe | £19,070 to £54,830 | Symptoms are similar to those in the bracket above, though there is a better prognosis. |
| Psychiatric Harm | Moderate | £5,860 to £19,070 | There is a noticeable improvement in symptoms by the time of trial, which allows for a better prognosis. |
| Psychiatric Harm | Less Severe | £1,540 to £5,860 | This bracket takes into consideration the length of time affected by symptoms and how they affect daily life. |
| Post-Traumatic Stress Disorder | Severe | £59,860 to £100,670 | The symptoms are permanent and significant, removing the ability to function or to work at the pre-trauma level. |
| Post-Traumatic Stress Disorder | Moderately Severe | £23,150 to £59,860 | With professional treatment, there is a chance that some recovery could occur, leading to a better prognosis. |
| Post-Traumatic Stress Disorder | Moderate | £8,180 to £23,150 | Following a large amount of recovery, the only symptoms that remain are not grossly disabling. |
| Post-Traumatic Stress Disorder | Less Severe | £3,950 to £8,180 | A virtually full recovery occurs within 1-2 years, leaving only minor symptoms remaining. |
Material damage is the area of harm that relates to the financial impacts of the personal data breach. For example, a breach of your credit card details could allow money to be stolen from your bank account. It could also damage your credit score, or debt and arrears in your name.
The figures in the table above are guidelines only, and do not take material damage compensation into account. To learn more about making a claim for UK GDPR breach compensation, get in touch with our team.
How To Claim UK GDPR Breach Compensation
You may be interested in making a claim for UK GDPR breach compensation if your personal data has been compromised in a personal data breach. However, in order to do so, there are criteria that your case has to meet. This is stipulated by the UK GDPR.
To form a claim:
- Your personal data must be involved in the breach
- The data controller or data processor must engage in wrongful conduct, leading to the breach
- The breach must cause you to experience harm, either to your mental health or your finances
If your case meets all of these criteria, then you may be eligible to make a claim. However, it’s important to ensure you start your claim within the time limit. This is usually six years for a general data breach claim, but falls to one year for claims against public bodies.
Our advisors can help you identify whether your claim could be eligible to make a claim. If they find you could be eligible, they may put you in contact with one of our expert solicitors to help you start your claim.
No Win No Fee UK GDPR Breach Compensation Claims
Our solicitors could help you start your claim for UK GDPR breach compensation and ensure it is filed in full with the help of a Conditional Fee Agreement (CFA). A CFA is a kind of No Win No Fee arrangement, and under this kind of agreement, you can access legal representation and legal advice. Generally, with a CFA, your solicitor will not request a fee for their work.
You only pay a fee to your solicitor if your claim succeeds. This success fee is taken directly from your award, and the percentage taken has a legal cap. But, if your claim does not then succeed, then you generally do not pay your solicitor for their work.
Start Your No Win No Fee Claim
Our advisors are available to answer any questions you may have. They can also offer free legal advice, and could put you in contact with one of our expert data breach solicitors. To learn more or start your claim, get in touch today:
- Call us on 0800 073 8804
- Contact us online
- Use the live chat feature
Related Guides
For more guides, we recommend:
- Nursery data breach claims
- Dentist data breach claims
- Children in care data breach compensation claims
- A General Guide To Data Breach Compensation
- Solicitors Lost My Medical Records – Can I Claim?
- Foster Care Data Breach Claims
- Sickness At Work Data Breach Compensation Claims
- Child Custody Data Breach Claims
- Cumbria Constabulary Data Breach Claims
For further helpful resources:
To learn more about making a UK GDPR breach compensation claim, get in touch with our team today.
Written by Wheeler
Edited by Hampton
