Data Breach Solicitors For Newcastle-under-Lyme

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Data Breach Solicitors Newcastle-under-Lyme – Expert Claims Support

In this article, we focus on how data breach solicitors around Newcastle-under-Lyme could help you if your personal data was involved in a data breach and you suffered as a consequence.

data breach solicitors Newcastle-under-Lyme

A guide to data breach solicitors for Newcastle-under-Lyme

A fundamental part of claiming following a personal data breach is being able to demonstrate ‘positive wrongful conduct’ on the part of the organisation that was handling your personal data and failed to protect it. You’d also need to show that you suffered financial or emotional harm (or both).

Perhaps you have evidence of a valid claim? If so, get in touch with our advisors by calling 0800 073 8804 or contacting us via our website and we can discuss how best to start your claim for compensation.

Select a Section

  1. Our Complete Guide On Data Breach Solicitors For Newcastle-under-Lyme
  2. What Is A Data Breach?
  3. Data Breaches And How They Happen
  4. What Is The Risk Of Suffering A Data Breach?
  5. I Have Been Notified Of A Data Breach, Do I Need A Solicitor To Take Action?
  6. How Much Is A Data Breach Claim Worth?
  7. No Win No Fee Data Breach Solicitors For Newcastle-under-Lyme
  8. Talk To Data Breach Solicitors For Newcastle-under-Lyme
  9. About Claims With Data Breach Solicitors For Newcastle-under-Lyme

Our Complete Guide On Data Breach Solicitors For Newcastle-under-Lyme

In this guide, we consider how data breach solicitors around Newcastle-under-Lyme could help you access compensation for the mental harm and/or financial loss caused by a personal data breach.

Personal data or personal information is any information that can be used to identify you whether directly or indirectly. For example, your name or IP address are examples of personal data.

Data controllers are organisations that decide how and why personal data is used. They sometimes use data processors (separate organisations) that process personal data on their behalf.

If an organisation uses your personal information, you would be a data subject.

The UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 are examples of data protection legislation that seek to give you more control over how your personal data is used. Data controllers and data processors should adhere to this legislation in order to protect personal data.

If the positive wrongful conduct of these organisations leads to a personal data breach, and your personal data is involved, it could cause you financial loss or psychological damage. If this happens, you could claim. That’s why, in this guide, we explain how the claims process works and what evidence you would need.

What Is A Data Breach?

A data breach is when a security incident leads to the unauthorised or unlawful loss, destruction, alteration, disclosure or access to personal information. A personal data breach can be deliberate or accidental. For example, it could be the result of an external attack from online criminals or it can be the consequence of a genuine oversight from staff.

An independent body called the Information Commissioner’s Office (ICO) enforces data protection laws in the UK. This body has far-reaching powers. It can investigate data breaches and issue fines. The ICO also tries to help and support companies to abide by the appropriate legislation.

Seven Key Principles of the UK GDPR

Under the UK GDPR, there are 7 core principles that data controllers and data processors should adhere to.

  1. Lawfulness, transparency and fairness
  2. Accountability
  3. Integrity and confidentiality (security)
  4. Storage limitation
  5. Accuracy
  6. Data minimisation
  7. Purpose limitation

In the event of a personal data breach that risks the rights and freedoms of data subjects, the organisation should report it to the ICO within 72 hours.

You do not have to inform the ICO about your data breach and you are free to pursue a compensation claim with or without their involvement. Should you choose to raise a complaint with an organisation about suspected or proven data protection issues, the ICO offers a template about raising your data breach concerns.

Data Breaches And How They Happen

A Newcastle-under-Lyme data breach can occur for a number of reasons. One of the most common ways in which our personal information can be exposed is through human error. Some typical scenarios could include:

  • Personal data emailed to the wrong person
  • Personal information posted or faxed to the wrong person
  • A failure to redact personal information before sharing
  • A failure to use the BCC field in emails that contain personal data and are being shared with multiple recipients
  • Loss or theft of paperwork containing personal data
  • Incorrect disposal of paperwork or hardware that contains personal data

Personal data doesn’t always have to be shared with your consent. There are other lawful bases for sharing your personal data without your permission. However, it may be that the data processor or data controller isn’t careful in its handling of your personal information and your personal data is exposed without a lawful basis.

Furthermore, if companies do not protect their IT systems and renew vital firewall licences, this can create opportunities for cybercriminals to exploit personal data for fraudulent purposes.

Even if everything is in place, data breaches can still occur. If an organisation’s positive wrongful conduct doesn’t cause a data breach, it might not lead to a data breach claim. However if, for example, an organisation doesn’t use online security to protect personal data and a breach occurs due to this, the organisation could be at fault.

What Is The Risk Of Suffering A Data Breach?

The Government releases cyber security breaches statistics relating to businesses and charities. They surveyed businesses and charities and published their findings in a 2021 report.

  • 39% of businesses reported having cyber security attacks or breaches in the 12 months preceding the survey.
  • 26% of businesses reported having cyber security attacks or breaches in the 12 months preceding the survey.

Of these, the percentage of breaches or attacks reported was higher amongst medium businesses (65%). Large businesses followed closely at 64%. 51% of high-income charities reported experiencing them within the previous 12 months.

This guide aims to help you understand how data breach solicitors for Newcastle-under-Lyme could help. if you have any questions, why not call?

I Have Been Notified Of A Data Breach, Do I Need A Solicitor To Take Action?

Amidst the confusion and panic of discovering a data breach, it can be difficult to know how to respond appropriately. With this in mind, the checklist below could help:

  • Report the suspected data breach to the company concerned.
  • Contact your bank and alert them to any actual or potential fraud (if applicable).
  • You can get in touch with the ICO if you’ve not had a satisfactory response from the organisation. However, you’ll need to do this within 3 months of the organisation’s final unsatisfactory response.
  • If the organisation admits liability and offers you compensation directly, you are free to accept or decline this. However, it’s important to note that by accepting it you are closing the matter and future claims may not be considered.
  • Take steps to collect proof of damage caused by the data breach.
  • Initiate a claim independently or connect with a data breach lawyer to start a claim for compensation.

 How Much Is A Data Breach Claim Worth?

In a successful data breach claim, you could seek compensation for up to two heads of claim.

The first is called ‘non-material damage’ which compensates you for the psychological damage a data breach can cause. A medical assessment is needed to uphold a claim like this and a data breach lawyer can help arrange one for you.

Injuries are listed in the Judicial College Guidelines (JCG) alongside a potential award bracket that aims to reflect their severity. Legal professionals use these guidelines to help them when valuing claims. They acknowledge issues that may vary from person to person such as pain and suffering, long-term health damage or impact on the quality of one’s life.

The compensation table below includes psychological injuries with figures taken from the JCG.

InjuryseverityJCG award bracket
Psychiatric Damage(a) severe£51,460 to £108,620
Psychiatric Damage(b) moderately severe£17,900 to £51,460
Psychiatric Damage(c) moderate£5,500 to £17,900
Psychiatric Damage(d) less severeUp to £5,500
Post-Traumatic Stress Disorder (PTSD)(a) severe£56,180 to £94,470
Post-Traumatic Stress Disorder (PTSD)(b) moderately severe£21,730 to £56,180
Post-Traumatic Stress Disorder (PTSD)(c) moderate£7,680 to £21,730
Post-Traumatic Stress Disorder (PTSD)(d) less severeUp to £7,680

It’s important to note that these are not certified amounts. Compensation varies. Therefore, if you’d like our advisors to value your claim for free, why not get in touch?

Material Damage

Material damage compensates you for the financial losses you’ve suffered due to the data breach. Therefore, this could include:

  • Stolen funds where a breach affected your bank account, but the bank wasn’t able to refund you the money
  • Credit cards used in your name where you weren’t able to recover the costs
  • Other lines of credit fraudulently set up
  • Counselling or stress therapy costs where the NHS wasn’t able to cover it
  • Money lost when your company could not trade if caused by the data breach

Furthermore, it’s vital to remember that expenses from a data breach could stretch into the future. It’s essential that any claim you make covers you for these predicted costs. A data breach lawyer can assist with the accurate calculation of these amounts, ensuring their inclusion.

No Win No Fee Data Breach Solicitors For Newcastle-under-Lyme

A No Win No Fee claim is the umbrella term for a type of legal agreement whereby a solicitor can take your case on with the understanding that they only take their fee if the case wins. Claims that are not successful mean that claimants do not have to pay any fees to their No Win No Fee solicitor for their work.

The formal term for a No Win No Fee agreement is ‘Conditional Fee Agreement’. Other benefits of such an agreement include:

  • No upfront solicitor’s fee
  • No ongoing solicitor’s fee
  • If the claim wins, you’d pay a ‘success fee’ but it is capped by law. Your solicitor would also discuss this before making a claim is agreed upon.

Simply get in touch, allow our advisors to assess your eligibility and leave the rest to them.

Talk To Data Breach Solicitors For Newcastle-under-Lyme

Newcastle-under-Lyme data breach solicitors could help you after a personal data breach. Therefore, with this in mind, you can contact us today. Our advisors give free legal advice, are available 24/7 and, if you have a valid claim, can connect you to our No Win No Fee lawyers in minutes. Simply:

  • Call us on 0800 073 8804
  • Contact us via our website
  • Use the ‘live support’ option at the bottom right of this screen for instant help

About Claims With Data Breach Solicitors For Newcastle-under-Lyme

We can help with personal injury claims in Newcastle-under-Lyme

Have you experienced a credit card data breach? Read our guide about claiming.

We also have a guide about claiming if you suffered due to a data breach at a pharmacy.

There is some helpful advice from the government about cyber security.

The NSPCC has advice on keeping young people safe online.

Thank you for reading our guide on how data breach solicitors for Newcastle-under-Lyme can help. 

Written by Waters

Edited by Victorine

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