In this guide, we explore when you could be eligible to make a retail data breach claim, and the compensation that could be awarded should you succeed.
Compensation Payouts For A Retail Data Breach
Additionally, we discuss what a personal data breach is, and how one could occur if a data controller, or processor, fails to adhere to the legislation that outlines their responsibilities. Data controllers set the means and purpose for processing, and whilst they can process data themselves, they often outsource this task to a data processor who acts on their instruction. You can find more information on their responsibilities later in this guide.
To conclude, we will outline the ways that a data breach solicitor from our panel could potentially assist you in seeking compensation under the terms of a No Win No Fee arrangement.
For more information, please get in touch with an advisor. They can offer free advice pertaining to your potential personal data breach claim. To reach them, you can:
- Call 7 days a week, 24 hours a day on 020 8050 3051
- Contact us online
- Start a conversation via our live chat feature below.
Choose A Section
- Potential Compensation Payouts For A Retail Data Breach
- When Are You Able To Claim For Retail Data Breaches?
- How Could A Retail Data Breach Happen?
- Evidence That Could Help You Make A Data Breach Compensation Claim
- Make A No Win No Fee Data Breach Claim
- Learn More About Claiming For A Retail Data Breach
Potential Compensation Payouts For A Retail Data Breach
If your personal data breach claim is successful, you could be awarded compensation for the following:
- Material damage: The financial losses you experience due to the breach of your personal data. This can include money stolen from your account after your debit card or credit card details were compromised. Evidence, such as bank statements, can help prove any losses of this nature.
- Non-material damage: The emotional harm you experience due to the breach of your personal data. This can include distress, stress, depression, anxiety, and post-traumatic stress disorder (PTSD), in more severe cases. Medical evidence can help when valuing this aspect of your claim.
When valuing compensation for non-material damage, solicitors can also use the guideline compensation brackets set out in the Judicial College Guidelines. You can find some of these figures in the table below. It is important to note, however, that these amounts are only a guide and each claim depends on the individual circumstances of the case.
Award Brackets
| Type of Psychological Harm | Level Of Severity | Guideline Award Amounts | Other Details |
|---|---|---|---|
| Pschological Damage | Severe | £54,830 to £115,730 | A very poor prognosis with marked problems affecting several areas of the person's life. |
| Moderately Severe | £19,070 to £54,830 | Significant problems affecting several areas of the person's life but with a better prognosis. | |
| Moderate | £5,860 to £19,070 | A significant improvement and a good prognosis. | |
| Less Severe | £1,540 to £5,860 | Consideration is given to how long the person was affected and to what extent. | |
| PTSD | Severe | £59,860 to £100,670 | Permanent effects that prevent the person returning to a pre-trauma level. |
| Moderately Severe | £23,150 to £59,860 | A better prognosis due to receiving professional help and making some recovery. However, a significant disability is still likely for the foreseeable future. | |
| Moderate | £8,180 to £23,150 | A significant recovery with ongoing issues not being majorly disabling. | |
| Less Severe | £3,950 to £8,180 | The person mostly recovers within a couple of years and only experiences minor symptoms over a longer period. |
For a free and accurate valuation of the potential settlement you could receive following a successful retail data breach claim, please contact an advisor on the number above.
When Are You Able To Claim For Retail Data Breaches?
There are two main pieces of legislation that uphold the data rights of UK residents; the Data Protection Act 2018 (DPA) in conjunction with the UK General Data Protection Regulation (UK GDPR). These two pieces of data protection laws indicate the various obligations and responsibilities data controllers and data processors have with regard to the processing of your personal data.
An independent body called the Information Commissioner’s Office (ICO) enforces data protection laws, and can take action if they are not upheld.
The ICO also provides some helpful definitions:
- Personal data: Any information that relates to an individual and can be used to identify you. This can include your name, email address, credit and debit card details,
- Personal data breach: A security incident that affects the availability, confidentiality, and integrity of your personal data.
In order for you to have valid grounds to make a personal data breach claim, you must be able to prove the following:
- A data controller, or data processor, failed to uphold their responsibilities as per the DPA and UK GDPR.
- Due to the wrongful conduct on their part, your personal data is compromised in a breach.
- You suffered financial damage and/or psychological harm as a result.
For further guidance on your eligibility to make a retail data breach claim, please contact an advisor on the number above.
How Could A Retail Data Breach Happen?
A retail data breach could occur in a number of ways. For example:
- Due to a lack of cyber security, customer payment details are not secured. As a result, debit card and credit card details are compromised causing customers financial loss.
- A password reset email is sent to the wrong person allowing unauthorised access to another customers online retail account. This allows them access to make purchases, causing stress and financial loss to the other customer.
In both of these instances, you could experience psychological harm as well as financial damage. Compensation can be awarded in a successful claim to address the way you have been affected.
For more information, please contact an advisor on the number above.
Evidence That Could Help You Make A Data Breach Compensation Claim
Evidence can help to support your retail data breach claim. As such, you could benefit from gathering:
- Correspondence between you and the organisation, such as letters and emails. This could be from when the organisation has notified you of the breach, which they are required to do if it affects your rights and freedoms. It could also be from when you have contacted the organisation directly because you suspect a breach has compromised your personal data.
- A copy of your medical records to show any psychological harm.
- Financial documentation showing any monetary losses, such as bank statements, and credit reports.
A solicitor from our panel could assist you with building your data breach claim and can help you collect evidence to support your case. If you wish to benefit from their services, call an advisor on the number above, as they can assess your case and may connect you with a solicitor from our panel.
Make A No Win No Fee Data Breach Claim
Data breach solicitors on our panel could help you construct your claim. In addition, they could:
- Support you with the gathering of evidence.
- Fully value your claim.
- Regularly update you on the claim’s status.
- Explain complex legal jargon.
- Work on your claim at times you are unable to.
The solicitors on our panel are able to provide services like this under a type of No Win No Fee agreement. Among the different versions of this type of contract, they offer one called a Conditional Fee Agreement (CFA).
Under this arrangement will likely not be asked to pay any fees for the solicitor’s services in advance, as the claim develops, or if the claim fails.
If your claim has a successful outcome, your solicitor can deduct a small percentage from the compensation awarded to you, but this is legally capped. This ensures that the bulk of the compensation goes to you.
To learn whether a solicitor from our panel could assist you in seeking compensation for a retail data breach, get in touch with an advisor. They can also answer any questions you might have after reading our guide. You can get in touch by:
- Calling on 020 8050 3051
- Filling out our ‘contact us’ form.
- Using the live chat feature below.
Learn More About Claiming For Retail Data Breach
For more of our guides:
- A guide on claiming for an email data breach.
- Learn when you could claim for a data breach at a bank.
- Find out about the types of personal data breaches you could claim for.
For more helpful resources:
- GOV.UK – Data protection
- ICO – Make a complaint
- National Cyber Security Centre – Tips for staying secure online
We appreciate you reading our guide on a retail data breach. Please don’t hesitate to connect if you need any further clarification on anything mentioned.
Writer Jeff Walker
Editor Meg Monsoon