This guide will explore the process of making a customer data breach claim. If a company failed to correctly secure or process your personal data and it led to emotional or financial harm, you may be entitled to claim.
Customer data breach claims guide
We explain who could be eligible to pursue compensation after a data breach, as well as the evidence that could support your claim. In the sections below, we also provide an idea of how compensation for a data breach can be valued.
In addition, we explain how a data breach solicitor from of our panel could help you launch your claim with all the advantages of a No Win No Fee agreement.
Our advisors can offer a free check of your case if you choose to get in touch right now. If the case appears valid with a good chance of success, a lawyer from our panel could provide you with help to sue a company for a breach of data protection. Learn more when you:
- Connect with our advisors by calling 0208 050 3051
- Contact us online through the call-back option
- Begin a conversation via our live chat feature.
Jump To A Section
- What Is The Eligibility Criteria For A Customer Data Breach Claim?
- Tips For Making A Customer Data Breach Claim
- When Could You Potentially Claim Data Breach Compensation?
- Personal Data Breach – Examples Of Compensation You Could Receive
- Claim For A Customer Data Breach On A No Win No Fee Basis
- Learn More About Types Of Data Breaches
What Is The Eligibility Criteria For A Customer Data Breach Claim?
The eligibility criteria for making a data breach claim are as follows:
- You must be able to show that the party who held your personal data (known as the ‘controller’) or an agency who processed the data on their behalf (known as the ‘processor’) failed to comply with the relevant data protection laws. We look at these laws in detail below.
- It’s essential to also show that this resulted in a data breach that involved your personal data.
- In order to claim, you need to be able to demonstrate that this has impacted you, financially and/or mentally.
As a data subject, your data rights are protected by two pieces of legislation called the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR). They outline the responsibilities and obligations of all organisations and companies to protect your data when they process it. If they fail to do this, and your data is exposed in a breach as a result, you could experience financial losses, emotional harm or both. If this is the case, you might be able to claim.
The Information Commissioner’s Office are an independent body that upholds the data rights of the public
A personal data breach can be defined as an incident where personal data is affected by unlawful or accidental:
- Loss
- Destruction
- Alteration
- Unauthorised disclosure
Personal data is defined as any information that has been processed, and that can be used to identify natural persons. This applies whether the data identifies them in isolation or whether the subject can be identified when it’s combined with other data.
To access immediate free guidance on your customer data breach, speak to our team at the contact number above.
Tips For Making A Customer Data Breach
Below we discuss some helpful tips that could be helpful to you when making a customer data breach claim:
- Collect and retain all correspondence between you and the company about the data issue. All organisations are obliged to inform data subjects about a breach that could impact their rights and freedoms. The letter or email from them confirming the breach and how it occurred can be used as supporting evidence for your claim.
- Seek medical attention if your mental health has been impacted by the breach. The report from this can be used to prove how you were affected.
- Collect all invoices and bank statements that show costs and expenses related to your customer data breach. For example, if you have had your bank details breached and money stolen from your account, then a record of this could ensure that you’re reimbursed for this loss.
If you’re wondering what kind of evidence could help with your specific claim, why not get in touch with our team today? You could be put in touch with a No Win No Fee lawyer from our panel.
When Could You Potentially Claim Data Breach Compensation?
We provide examples below of how a data breach could happen. Data breaches can be caused maliciously by cybercriminals or can happen as a result of human error. For example:
- A company could cause an email data breach if you are sent an email about an offer, but they fail to use the BCC function. This means that your email address is visible to everyone else who received the email.
- A store card could be posted to the wrong address, even though the company held your correct details. The recipient uses the card, causing an impact on your credit score, and is able to access your full name and email address.
- A physical file containing your order details from a small business is left in a briefcase on public transport. This contains your telephone number, full name and home address.
It is possible for customer data breaches to take other forms. We invite you to speak to our team to discuss your particular circumstances. If you do have a valid claim, then an advisor could put you in touch with a No Win No Fee solicitor from our panel.
Personal Data Breach – Examples Of Compensation You Could Receive
A successful data breach claim against a company can result in two types of compensation being awarded. If you suffered mental health issues as a result of the breach, this is referred to as non-material damage. You could receive compensation for this.
To value this amount, legal professionals can consult a publication called the Judicial College Guidelines. We provide an excerpt of this below for various mental health injuries and their associated brackets. It’s important to note that these figures are only guidelines:
Award Brackets
| Type of Psychiatric/Psychological Damage | How Severe? | Award Brackets | Notes |
|---|---|---|---|
| Psychiatric Damage of a General Nature | (A) Severe | £54,830 to £115,730 | Marked psychological problems in the areas of employment, social life, education and personal relationships. The overall prognosis will be considered to be very poor. |
| (B) Moderately Severe | £19,070 to £54,830 | A permanent or stubborn disability which prevents the person returning to a comparable type of employment. | |
| (C) Moderate | £5,860 to £19,070 | Despite issues similar to those noted in the brackets above, an improvement will have been seen by the time that it may be necessary for the case to go to court. | |
| (D) Less Severe | £1,540 to £5,860 | The bracket awards here assess how long the person is disabled for and whether specific phobias were prompted. | |
| Post-Traumatic Stress Disorder (PTSD) | (A) Severe | £59,860 to £100,670 | A far-reaching and profound trauma response that prevents the person from coping in all areas of life as they did before the incident. |
| (B) Moderately Severe | £23,150 to £59,860 | A more favourable prognosis is indicated after the person has professional counselling. but a significant disability may remain for the foreseeable future. | |
| (C) Moderate | £8,180 to £23,150 | Largely a recovery seen with continuing effects nor being disabling in a grossly noticeable way. | |
| (D) Less Severe | £3,950 to £8,180 | Virtually a full recovery is made within a 24 month period and only minor issues seen to persist beyond this period. |
Material Damage Payments
The second head of compensation that may be applicable is material damage amounts. These reflect the financial losses and costs that you incurred because of the data breach. In order to claim back these amounts, it’s important to you can present proof of:
- Negative credit score impact
- Fraudulent debit and credit card purchases made in your name
- Incurred bank charges and penalties
- Loss of earnings because your mental health has been affected by the breach
If you would like to speak with someone about the value of your potential claim, get in touch with a team member today.
Claim For A Customer Data Breach On A No Win No Fee Basis
It may be beneficial to use the services of a professional data breach solicitor to help you make a claim. There is no legal obligation to use the services of one, but if you’d like to, we may be able to connect you with a data breach solicitor.
A solicitor from our panel could take up your customer data breach claim under a type of No Win No Fee agreement. In particular, they could offer a Conditional Fee Agreement (CFA) which means:
- You will not have to pay any upfront fees for your solicitor’s services
- No fees are needed as the claim progresses ahead or for completed work should the claim be unsuccessful
- Claims that result in a successful outcome require just a small and legally capped deduction to be made for the solicitor as a success fee. The majority of the compensation awarded always goes to you with this kind of agreement.
Just contact our advisors for your free assessment and allow us to clarify your next legal step. You can:
- Connect with advisors by calling 0208 050 3051
- Contact us via the call-back option
- Start a conversation via our live chat feature.
Learn More About Types Of Data Breaches
These further resources from our website offer more information:
- Can you make a claim for a data breach on social media?
- Advice if you suffered a solicitor data breach
- A complete guide to claims for a bank data breach
In addition to this, these other external resources are available below:
- Make a complaint to the ICO
- An NHS guide on Post-Traumatic Stress Disorder (PTSD).
- Government guidance on data protection.
We hope that this guide to claiming after a customer data breach has been helpful.
Writer Jeff Walker
Publisher Fern Straw
