Last Updated On 18th November 2024. If you have suffered a credit card data breach, you may be wondering if you can claim. This guide will explore what constitutes a personal data breach and what steps you could take in order to seek compensation.
We will discuss what legislation is in place to keep your personal data safe while aiming to answer questions such as, ‘how do I claim compensation for a data breach?’ and ‘how much compensation can you get for a breach of the UK GDPR?’
Furthermore, we will discuss the benefits of working with a No Win No Fee solicitor to support you through the claims process. Contact our advisors if you have any further questions about making a credit card data breach claim. They are available 24 hours a day, 7 days a week, to offer you free legal advice.
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Choose A Section
- Can I Claim For A Credit Card Data Breach? – A Guide
- What Is A Credit Card Data Breach?
- How To Report A Data Protection Breach
- What Could I Receive From A Data Breach?
- Why Make A No Win No Fee Data Breach Compensation Claim?
- Learn More About Making A Credit Card Data Breach Claim
Can I Claim For A Credit Card Data Breach? – A Guide
The UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA) are key pieces of data protection legislation. Under this legislation, all data controllers and data processors are responsible for handling personal data in compliance with the steps outlined in the UK GDPR and DPA. If they fail to do so, and this causes a personal data breach that results in harm, you may be able to claim data breach compensation.
A data controller makes the decisions on how and why your personal data is used. A data processor then processes this data in line with these instructions.
Personal data breaches occur when your personal data is lost, destroyed, altered, accessed, or disclosed without authorisation in a security incident. Personal data can be found in many places, from your passport to your medical records, and can include any information that identifies you, including your:
- Full name
- Address
- Date of birth
- Postcode
Continue reading to learn how a credit card data breach occurs and what steps you can take to start the claims process. Alternatively, you can call our advisors at any time that suits you for free legal advice.
What Is A Credit Card Data Breach?
A credit card data breach is a security incident that affects the security, confidentiality, or integrity of your credit card details. A breach of this nature can occur for multiple reasons. For instance, there may be a bank data breach that compromises your credit or debit card data. Some examples of how a personal data breach could occur include:
- An employee sends a credit card bill containing your credit card details to the wrong address, allowing unauthorised parties access to your personal data
- An email data breach could occur if an online retailer emails a receipt containing credit card details to the wrong recipient
- If an organisation does not have adequate cybersecurity policies in place, this could allow cybercriminals to steal personal data such as your credit card details
Under data protection legislation, you can seek compensation for the breach of both physical and digital data so long as you can prove unlawful action from the data controller or data processor caused the data breach which led to you sustaining damage.
How To Report A Data Protection Breach
If your data is breached, and the breach could affect your freedoms or rights, the organisation should reach out to inform you that your sensitive information was compromised without undue delay.
Alternatively, you may discover the breach yourself. In this circumstance, you can approach the organisation with your findings, requesting information on how the breach occurred and what information was breached.
However, if they do not reply, or if their response is unsatisfactory, you can make a complaint to the Information Commissioner’s Office (ICO). This must be done within three months of your last meaningful contact with the organisation.
The ICO is an independent organisation that upholds data protection laws. While you cannot claim compensation through the ICO, they may investigate the breach on your behalf.
Our advisors can offer free legal advice to support you with your credit card data breach claim. Get in touch today to learn more.
What Could I Receive From A Data Breach?
If you’ve suffered from psychological injuries as a result of a credit card data breach, you can seek compensation for non-material damage. This can include harm such as distress, anxiety, and depression.
Legal professionals often use the Judicial College Guidelines (JCG) to help them value data breach claims. This publication provides compensation brackets relating to a number of physical and psychological injuries. Below, you can find some examples of these figures relating to non-material damage.
| Injury | Severity | Compensation Guideline | Description |
|---|---|---|---|
| Cases of Severe Mental Harm and Material Damage | Very Severe | Up to £250,000+ | Settlements may include compensation for mental damage as well as expenses caused by the data breach, such as relocation costs, therapy and lost wages. |
| Psychological Injury (a) | Severe | £66,920 to £141,240 | Marked problems are occur in injured person’s ability to cope with daily activities and life. |
| Psychological Injury (b) | Moderately Severe | £23,270 to £66,920 | The prognosis is more optimistic, but disabilities similar to the above continue to prevent the injured person from returning to work. |
| Psychological Injury (c) | Moderate | £7,150 to £23,270 | Improved symptoms by the time of trial bring about a good prognosis. |
| Psychological Injury (d) | Less Severe | £1,880 to £7,150 | For this award bracket, the length of disability and how the symptoms affect daily life are both considered. |
| Post-Traumatic Stress Disorder (PTSD) (a) | Severe | £73,050 to £122,850 | All aspects of life are affected due to the claimant's inability to function as they would have pre-trauma. |
| Post-Traumatic Stress Disorder (PTSD) (b) | Moderately Severe | £28,250 to £73,050 | Professional treatment can assist in easing the severity of injuries, but significant disabilities will persist. |
| Post-Traumatic Stress Disorder (PTSD) (c) | Moderate | £9,980 to £28,250 | The injured person will make a large recovery with only non-disabling effects that remain. |
| Post-Traumatic Stress Disorder (PTSD) (d) | Less Severe | £4,820 to £9,980 | A virtually full recovery can be achieved within 1-2 years, and any remaining symptoms are minor. |
It is important to note that these figures are guidelines and not guarantees of what you may receive. Contact our advisors today for a free valuation of your claim.
Claiming For A Credit Card Data Breach – Financial Losses
Financial losses that are a direct result of the breach can be reimbursed through material damage. For example, if your credit card details were compromised, money may have been stolen from your account. This can also lead to further negative impacts on your credit score.
Call our advisors using the number at the top of the page to learn more about what you could claim.
Why Make A No Win No Fee Data Breach Compensation Claim?
Our advisory team can assess your eligibility to make a credit card data breach claim for free at any time. If it is decided you have a valid claim, you could be put in touch with one the expert data breach solicitors from our highly experienced panel.
The type of contract they can offer their services under is called a Conditional Fee Agreement (CFA). When credit card data breach claims are made under a CFA, the claimant enjoys some very desirable benefits, including:
- No fee to pay for the solicitors to begin work on the claim.
- Additionally, there will be no fees for this work during the claim itself.
- Finally, if the claim does not succeed, you will not pay any fees.
You will receive a data breach compensation award if your claim succeeds. A percentage of this will be taken as the solicitor’s success fee, but as The Conditional Fee Agreements Order 2013 caps these fees at 25%, you will keep the majority of any compensation that is paid out
Contact Us Today For Free Legal Advice
When you contact our team of advisors, they can tell you if you are eligible to claim. In this case, they may be able to put you in contact with an expert solicitor from our panel to help you start your claim. To get in touch:
- Contact us online
- Call 020 8050 2051
- Message us directly through the live chat
Learn More About Making A Credit Card Data Breach Claim
You can see more relevant resources here that may assist you with your claim:
More of our guides are listed below:
- How to claim compensation for a data breach
- Mortgage broker data breach claims
- Pharmacy data breach claims
- To learn more about the Southern Water data breach, which is said to have impacted around 500,000 people, head here. You can learn all about the eligibility criteria and claims process.
For more information on making a credit card data breach claim, contact our advisors.
Writer Jess Allen
Publisher Cat Harley
