Given the digital nature of the modern world, it is unsurprising that cyber attacks and data breaches are becoming more commonplace. No businesses are immune to these threats, and companies large and small can be targeted by criminals to gain unauthorised access to various types of information and accounts. With this in mind, it is important to understand the role of cybersecurity in preventing data breaches.

There can be quite a lot of reputational damage that can follow a company after a data breach as if personal data or sensitive information gets into the wrong hands, customer trust can be hard to rebuild. There are also direct financial consequences, such as missing funds or the prospect of a company facing claims for data breach compensation if they are liable for the breach.

This blog will explore what cyber security is, how it can help a business, and what risks are posed if you do not have it. We then look at some tips for how to prevent data breaches and offer some further reading on the subject.

If you have any questions about data breaches or would like to explore making a claim following such a breach, you can:

• Call us for free on 0330 043 4072
• Make a claim online
• Use the live chat function on your screen

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1. What Is Cybersecurity?
2. What Is The Role of Cybersecurity In Preventing Data Breaches?
3. What Are The Potential Risks Of Not Having Cybersecurity?
4. Tips For Preventing Data Breaches
5. More Information Relating To Data Leaks

What Is Cybersecurity?

Cybersecurity includes the measures and systems put in place to help stop and reduce the risk of unauthorised third parties gaining access to information or a digital network. This could be in the form of software that protects your networks and devices as well as practical steps such as policies about regular password changes and two-factor authentication.

It covers any way that a business can protect the data that it processes. Given the ever-evolving nature of online threats, cybersecurity must often be updated and reviewed. It would be nice if it were as simple as installing a single program that covered you for many years, but there are always new threats, for example, in the form of updated phishing scams or new network hacking techniques.

As attacks grow more sophisticated, businesses must be vigilant to prevent cybersecurity breaches. Are there backdoors in your system or network? Do you have adequate security policies about the physical storage of information? If questions like these are not asked regularly and necessary action is taken, the risk of a data breach will increase.

What Is The Role of Cybersecurity In Preventing Data Breaches?

You might be thinking, ‘Why is cybersecurity important in the role of preventing data breached?’ and this is a good question. The rise in the need for cybersecurity naturally follows the rise in digital interactions around the world. As digital security threats increase over time, cybersecurity needs to keep pace to prevent things like sensitive personal information, customer data or account access from falling into the wrong hands.

Most people will use a computer or smartphone during the day. Whether as a business or a consumer, it would be almost impossible to navigate the world without digital technology. Coupled with the increase in cloud computing and cloud based services, there is a lot of information and sensitive data that needs to be protected.

Cybersecurity is a preventive measure and is designed to stop a data breach from occurring in the first instance. For example, this could be software that scans all incoming emails and their attachments to make sure that they are free from viruses and malware. If such an email got through, a company could be held to ransom over access to its financial accounts or criminals could commit identity theft of employees or customers.

Even after a data breach occurs, cybersecurity can still play a role. With review and valuable learnings, steps could be implemented to reduce a company’s future data breach risk.

The Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR) list the rules and regulations data controllers and processors must follow. Failure to follow these rules could lead to potential data breach liability. Having adequate cybersecurity will help you prevent data breaches and reduce this liability.

What Are The Potential Risks Of Not Having Cybersecurity?

Without adequate cybersecurity or having none at all, preventing data breaches will be difficult, and you will put your business at risk from cyber-attacks and reputational damage.

A data breach includes unlawful destruction, alteration or loss of data, as well as unauthorised access to, or disclosure of, personal data. Personal data includes things like a person’s name, address or national insurance number. Some data is of a more sensitive nature and is called special category data.

Special category data includes:

• Race or ethnicity.
• Political opinions.
• Religious beliefs.
• Philosophical beliefs.
• Genetics.
• Biometrics.
• Health.
• Sex life.
• Sexual orientation.

It is easy to see the damage that could be caused to a company’s reputation if this information were subject to data leaks. It could take many years to restore your reputation following an unlawful data breach.

A company can also be fined by the Information Commissioner’s Office (ICO). The ICO can give a company a data breach fine of up to £17.5 million pounds or 4% of global turnover (whichever is higher) for a breach of the DPA or UK GDPR. This is in addition to paying potential damages to those affected by the breach.

Limited cybersecurity could lead to being targeted by cybercriminals as they look to gain access to financial information (such as tax information) and access to bank accounts. You could have significant cashflow problems if money were taken from you directly, and this could be worse if client funds were taken.

Put simply, given the dangers of the online world and the possible exposure to financial loss and reputation damage, it is prudent for businesses to take cybersecurity very seriously.

Tips For Preventing Data Breaches

We have looked at the significant impact that data breaches can have. Let us now look at steps companies can take to avoid them.

First, it is worth considering some data breach examples. Examples include:

• Failing to redact personal information from documents sent to third parties.
• Loss or theft of paper or digital documents.
• Incorrect disposal of physical copies of sensitive information.
• Personal data was emailed to the wrong email address.
• Sending postal correspondence with special category data to the wrong address.

Some of the steps a business could do to reduce the risk of a data breach could be

• Educating staff about cybersecurity and data protection.
• Implementing strong password policies such as difficult to guess passwords, password software and a policy about regularly changing passwords.
• Regular cybersecurity system updates and patches.
• Working with cybersecurity experts to make sure they are as protected as possible.
• Restrict access to data through security clearance policies.
• Adequate policies for the storage and access to physical documents and records.
• Robust IT policies with up-to-date anti-virus software.
• Multi-factor authentication where possible.

By taking some of these steps, a business could significantly reduce security threats and their employees can prevent data breach incidents. With strong security practices, data breach prevention is possible. We hope these tips have given you food for thought.

Contact Us

Hopefully, this guide has given you the information you were looking for on how cybersecurity plays an important role in preventing data breaches.

If your personal data has been breached by an organisation that you work for or are a customer of, we could help you with claiming data breach compensation. Contact our advisors today to learn how one of our No Win No Fee solicitors could help you:

• Call us for free on 0330 043 4072
• Make a claim online
• Use the live chat function on your screen

More Information Relating To Data Leaks

Here are some more articles from ourselves:

• Learn how to claim for a data breach at work.
• A guide to breach of data protection claims.
• Learn if you could claim if you receive a letter about a data breach.

Additionally, you can check out this external resources:

• Learn more about what cyber security is from the National Cyber Security Centre (NCSC).
• Guidance on how to minimise the risk of data breaches from the ICO.
• Learn more about the lawful basis for processing your personal data from the ICO.

Thank you for reading our blog about the important role that cybersecurity plays in preventing data breaches.

With increased risks from cybercrime, you may want to know what is the financial impact of data breaches on businesses. Under the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR), those who process personal data have a legal obligation to safeguard it.  

This guide will explore the financial impact of a data breach on companies. Also, we’ll look at other negative repercussions that may be less known, such as irreparable damage to a company’s reputation.

if you have any questions about a data protection breach at work or any aspect of seeking damages after personal data was mishandled. Simply:

• Call our team for free on 0330 043 4072
• Find out about making a claim for data breach compensation online.
• Ask about data breach compensation in our live chat.

Choose A Section 

1. What Is The Financial Impact Of Data Breaches On Businesses?
2. How Else Could A Data Breach Negatively Impact A Business?
3. Learn More About Data Breaches

What Is The Financial Impact Of Data Breaches On Businesses?

The cost of a data breach to a company can be devastating. Depending on the size of the organisation, a data breach can involve the personal information of thousands of people. Each one of them may be able to seek compensatory damages for the harm the data breach caused them.

Firstly, there are direct financial consequences to the company such as stolen funds, loss of intellectual property or digital assets. But also, there are other less obvious repercussions such as long-term damage to the company’s reputation and its future integrity. It might be hard to put a price on impacts such as these. Additionally, as each business is different, knowing the average data breach cost or what effect one could have on the long term profitability may not benefit you.

Furthermore, any failure to fully adhere to the data processing laws can expose the company to potentially massive fines from the Information Commissioners Office (ICO) who enforce data protection rights for the public.

For example, in 2019, the ICO fined British Airways £20 million because of a data breach affecting 400,000 customers. Similarly, Easy Jet suffered a sophisticated cyber attack that accessed the personal credit and debit card data of 9 million customers.

These data breach fines, along with the threat of stolen funds and reputational damage, all contribute to the cost of a data breach that a company may face. An increase in security investments could help prevent breaches, both those that occur accidentally through human error, or those related to criminal activity, such as hacking and cyber attacks.

resources: https://www.bbc.co.uk/news/technology-54568784 https://www.bbc.co.uk/news/technology-52722626

How Else Could A Data Breach Negatively Impact A Business?

As seen above, the financial impact of data breaches can be quite significant, especially once every aspect is considered. In some cases, financial losses, such as lost customer trust, can be quite significant.

All businesses, big and small, should take steps to ensure compliance with the data protection laws in place. This could include steps like implementing a long term cybersecurity strategy, having passwords on devices containing personal data, locks on storage areas for paperwork containing personal information and training to recognise phishing attempts. Increase security investments now can help prevent future incidents and therefore, save your business money in the  long run.

For example, the financial implications of a misdirected letter or an email containing personal data being shared with the wrong person can trigger a chain of events that impacts the entire firm. Therefore, all staff expected to handle personal data should be trained to prevent data security incidents. In this case, staff members handling external letters and emails could be trained to check the recipient’s details are correct as well as ensuring that the blind carbon copy (BCC) feature is used when sending emails to more than one person.

There are other negative impacts that businesses should be aware of:

Reputational Damage

Customers are far less likely to trust a company that has been involved in a serious data breach. It’s understandable that they would be reluctant to place payment and personal details with the firm. Even if that company tried its best to comply with data protection laws and was nevertheless hacked, its reputation is tarnished.

Also, a costly focused campaign to repair their reputation in the eyes of customers may not remove this stigma. Customers may be more likely to choose a competitor and typically will tell their friends about the data breach problem they experienced, along with the effects on their lives. The drain on resources trying to reverse all this is disastrous for a company that needs to attract new customers and new employees to survive.

Legal Implications

Organisations need to demonstrate that they have complied with the data protection laws we mentioned in our introduction. Part of this compliance is to show that all necessary steps were taken to protect personal data either in digital or paperwork formats.

Also, staff should be correctly trained in DPA and UK GDPR standards of data processing. Demonstrating that they understand their obligations not to lose, destroy, alter, duplicate or share data incorrectly.

An accidental data breach can be just as devastating as a deliberate one. To help prevent an accidental breach, companies can ensure that staff only have access to personal data that they require to carry out their job. For example, a cleaner won’t need the same access to personal data as a receptionist, whose job may involve signing in clients or contacting them by phone. Additionally, staff with data access should be made aware of social engineering which can be used to trick them into disclosing a subject’s personal data or expose their computer network to hackers.

Any data breach that causes financial or mental health damage to a data subject, such as an employee, customer or client of that business, can provide them with grounds to claim compensation.

Disruptive Effect On Operational Downtime

The consequences of the data breach can impact the productivity of everyone in the company. Staff may need to cease normal operations, contain the problem and set about repairing the damage. Sometimes, an outside agency might be needed to carry out a forensic investigation and deliver a data breach report into how the security incident occurred.

Also, unless corrective measures are put in place immediately, the risk of future incidents can loom large over the company and its activities. This entails an administrative cost to re-secure data, change passwords, install better IT defences, make security investments and identify vulnerabilities. This may take days or weeks, significantly impacting revenue and resources.

How Personal Data Loss Could Impact A Business

Personal data is a term used to describe information that can reveal or infer your identity when used on its own, or alongside other information. This covers things such as name, address, mobile, email and bank details. However, the ICO identifies a different class of more sensitive information called special category data. This can cover:

• Medical records and information about health.
• Political and philosophical beliefs.
• Trade union memberships and affiliations.
• Sexual orientation.
• Religious beliefs.
• Biometric data.

Depending on the nature of the organisation, they may need to retain special category data. Therefore, greater scrutiny needs to be used when processing this to prevent data breaches. Any breach involving it holds the potential to impact the individual more seriously.

When asking ‘What are the consequences of a data breach?’ it’s important to understand the devastating potential on the person when weighing up the overall data breach costs. Identity theft, needing to relocate and mental health damage to the subjects whose data was breached, as much as the data breach costs on the company as a whole, are all vital considerations. Additionally, numerous subjects may be impacted by the same incident.

 

Learn More About Data Breaches

You don’t need to suffer the financial impact of data breaches without options. If you would like to know more about making a data breach claim for a compromise of your personal data, speak to advisors. If you are eligible to seek compensation, one of our data breach solicitors could take the case. Please call our team for free on 0330 043 4072 or find out about making a claim for data breach compensation online.

The following resources offer broader reading on how a cyber breach can damage data security:

• Read more about what a company should do after a data breach here.
• Information on how to report a data breach to make a compensation claim.
• Here is a general guide to data protection breach claims.

External help:

• Information on the ICO enforcement and regulatory fines can be read here.
• As well as specific guidance for businesses from the ICO.
• Read some Government information on the general data protection regulation rules.

Thanks for your interest in this guide about the financial impact of data breaches and what businesses need to know. Connect with the team for any help if you are a data subject whose personal data was breached.

If you run a small business, you might not know the ins and outs of data protection and data security. But if you handle the personal data of UK residents, then you need to make sure that all of your policies and actions are in line with the Data Protection Act (DPA) and the UK General Data Protection Regulation (UK GDPR).

Failure to do so can result in a data breach, and you could be liable. Personal data breaches can have devastating effects on those involved, causing them psychological and financial harm. They may also choose to make a data breach claim against your company.

In this guide, we’ll discuss how you, as a business, can take steps to prevent data breaches from occurring within your organisation. Keep reading to learn more. Or, if you’ve been affected by a personal data breach, get in touch with our team by:

• Calling us on 0330 0434072
• Using the live chat feature
• Making a claim online

What Are 10 Steps To Prevent Data Breaches In Your Small Business? 

So, what steps could you take to help prevent data breaches in your small business? Below, we have laid out steps your organisation could take to help with data breach prevention:

Make Sure Personal Data Is Stored Securely 

Making sure that personal data is stored securely, both online and offline, is very important in helping prevent data breaches happen. This might include making sure physical employee files are stored in a locked filing cabinet. Likewise, digital files should be encrypted when necessary, and stored on secure servers to help reduce the risk of data breach attacks from accessing personal information. Additionally, any personal data stored digitally could require multi-factor authentication to help minimise the risk of unauthorised people accessing it.

Name Work Documents Clearly and Consistently 

Naming documents clearly and consistently can help prevent accidental data breaches. It could help with minimising the risk of the wrong files being sent to the wrong people. It also makes files easier to find if you need to access certain information.

Make Sure To Redact Personal Data 

If you receive a request for information and need to send people copies of their data, it might contain the personal data of other people.

In these cases, you need to make sure that data belonging to others is either removed or redacted. You can minimise the risk of a data protection breach by making sure that these redactions can’t be uncovered or recovered with different software.

Train Your Staff On How To Manage Personal Data 

Reduce data breach risks at work by training your staff on how to manage personal data. It’s not just your responsibility to prevent breaches of the UK GDPR and DPA; providing proper training on things like handling and storing personal data, destroying it, accessing it and moving it can help minimise the risk of a breach.

This training should also include what to do in the event of a breach, including when to report a breach, and what policies are in place.

Keep reading to learn more about the steps to prevent data breaches that your business could take.

Keep Software Up To Date 

Making sure that software is up to date is important because hackers and cybercriminals can exploit flaws in out-of-date programs and use these to access your systems. Regularly check your software and make sure there are no updates needed to help reduce the risk of cyber data breach incidents.

Have A Clear Desk Policy 

A clear desk policy means that employees do not keep personal data out and accessible on their desks. For example, this can include making sure no-one has a sticky note on their computer containing their passwords. Or, this could look like contracts and documents containing personal data left outside of a locked drawer.

Continue reading for more information on the steps to prevent data breaches that small businesses can take.

Keep Customer Details Up To Date 

If you keep customer details, make sure that they are up-to-date. If a customer contacts you and asks to change their address or phone number, make sure to correct your records as soon as possible. It can also be helpful to ask your customers if their information is correct regularly.

This helps to reduce the risk of personal data being sent to the wrong postal address or email address and being accessed by someone who is unauthorised.

Review Access Controls 

Take some time to review who in the company should have access to what. Not all roles will require access to the personal data of customers and other employees, and having a structured data hierarchy in place can reduce the risk of personal data being inappropriately accessed or shared.

Back Up Your Work Systems 

Another one of the important steps to prevent data breaches includes backing up your systems. Cybercriminals and employees aren’t the only dangers to the personal data of clients, members, and workers.

Keeping back-ups of your systems off-site means that even in the event of fires, floods, and other natural disasters or break-ins, the data can be recovered. These back-ups also need to be adequately protected, wherever they are stored.

Be Careful When Talking To Other Colleagues 

Verbal disclosure is a kind of data breach that occurs when one person verbally discloses processed personal data to someone else. For example, if you work in HR and you tell an unauthorised co-worker about another colleague’s health issues, this could be a case of verbal disclosure.

Because of this, it can be helpful to know what you can and can’t talk about with other colleagues. Being mindful of the employee hierarchy in your place of work and knowing who can have access to certain kinds of data can also be helpful.

Contact Us

Hopefully, this guide has helped you learn as a business some steps you can take to help prevent a data breach from occurring. If your personal data has been breached by your workplace, you could be eligible to make a compensation claim if this has caused you harm. This is something we could help you with as part of our services.

Contact our advisors to learn more by:

• Calling us on 0330 0434072
• Using the live chat feature
• Making a claim online

More Useful Resources About Data Breaches

For more information on data breaches and compensation claims:

• Find out what steps to take as a business after a data breach.
• Learn how to claim for a university data breach.
• See some examples of email data breaches.

Or, for further helpful resources:

• Learn about data protection for businesses from the Information Commissioner’s Office (ICO).
• Get more guidance from the National Cyber Security Centre (NCSC).
• Learn about making a data protection complaint with the Government.

Thank you for reading our guide on the essential steps to prevent data breaches.

A breach in data protection can cause far-reaching issues for your company and staff. A serious data breach can ruin an organisation, so it’s never been more important to understand what actions you can take to stop your firm from falling victim. This guide offers a wealth of useful information and tips on how to protect your company from a data breach.

We will explain the correct way to respond to either the threat of or an actual data breach. We will examine different types of data breaches that can impact companies in detail. After this, we will offer some data breach examples to help illustrate possible scenarios.

At Data Breach Compensation Expert we can connect those affected by a data breach, such as employees of a company, with solicitors to help them claim compensation. They have wide-ranging expertise in this area, so if you’d like to chat over your concerns right now, simply connect with our dedicated advisors:

• Call us free on 0330 0434072
• Make a claim online.
• Or discuss this topic through our live chat portal below.

Choose A Section 

1. How To Protect Your Company From A Data Breach
2. How Should A Company Respond To A Data Breach?
3. What Are The Different Types Of Data Breaches?
4. What Are Examples Of Business Data Breaches?
5. More Resources Related To Data Breaches

How To Protect Your Company From A Data Breach

Here in the UK, we have stringent data protection laws that set out the rules and regulations all organisations who process personal data must adhere to. These include the Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR).

So, if your business processes personal data, you must examine how to protect your company from a data breach and implement ways in which to do so to be compliant with the law. This also applies if you are just processing the personal data of employees (such as for payroll, employment records and disciplinary information) as well as customer data.

There are some practices you can follow to limit the risk of a data breach affecting your business. This section looks at some of the ways you can prevent data breaches in your company:

Elevate Your Security Procedures

Firstly, it can help to look at your current data security measures. Putting multiple layers of defence in place is the best way to create a robust defence. Cybercriminals would then need to get through several safeguards in order to access the data. Therefore, you can:

• Implement firewalls, encryption and other file-sharing security software.
• Install antivirus software designed especially for companies.
• Implement these measures even if using a cloud-based storage service that offers built-in security tools.
• Limit access to employees only. You can further limit access to personal and sensitive data to only those who need it.
• Create multifactor authentication and single sign-on access.
• Back up your company’s data regularly.

Train Your Employees About How To Handle Personal Data

Employees need to understand data protection procedures and policies in order to adhere to them. It is vital that any employee with personal data access has data security training. This includes preventing incidents that can occur digitally as well as with paper records and files, over the phone or by losing devices. All companies whether a large organisation or small business with only a few employees must ensure that staff are adequately trained to protect data. 

Helpful guidance for to prevent a data breach at work includes:

• Implementing a ‘clean desk’ policy so that files are securely stored and not visible.
• Ensuring staff understand the retention policy and that documents are securely shredded on time.
• Hire a service to collect documents for shredding if you cannot do so yourself.
• Teach employees the risks of phishing and other examples of email and digital scams.

Learn How The Data Breach Happened

It’s very important to find out when and how the data breach occurred to prevent further security breaches. If it occurred digitally through cybercrime, you can adjust cybersecurity measures accordingly to prevent it from happening again in the future. If it occurred through human error, you may need to provide your staff with further data security training.

How Should A Company Respond To A Data Breach?

When considering how to protect your company from a data breach, it’s useful to know how to respond after one happens. After a data breach, a company should:

• Report the breach to the Information Commissioner’s Office (ICO). The ICO enforce data protection legislation. Certain breaches need to be reported to the ICO within 72 hours of awareness. For example, if the data breach could result in discrimination, reputation damage, financial loss or social disadvantage and loss of confidentiality. If there’s a delay, a reason must be given.
• Act swiftly to halt the damage and prevent follow-up threats.
• Report the breach to the data subjects involved without undue delay if the incident could cause a high risk to their freedoms and rights.

Additional steps your organisation could take following a data breach to help minimise the impacts or prevent a breach from occurring again the future include:

• Protect any physical locations that might be connected to the breach, such as storage cabinets and tech areas. 
• If necessary, seek outside advice from a group of cyber forensic professionals. They can carry out a thorough breach response, gather proof and take pictures of the systems, as well as present a plan for repairing the data breach.
• Update all passwords and login information for authorised users. The system could still be vulnerable if log-ins and other credentials were stolen.
• Delete any information that was posted online incorrectly. For example, if your company website was included in the data breach. You can check that search engines have not accidentally archived falsely posted information by contacting them.
• Check that your breached data has not been saved on a website elsewhere. If discovered, contact those websites and request it be taken down.

You may also wish to seek advice from a legal professional. They can assess whether you are liable for the data breach and what steps you could take next if a data breach claim is made against you. 

What Are The Different Types Of Data Breaches? 

A company data breach can occur in a number of ways. These can be deliberate or accidental and occur digitally, online or off or relate to paper records containing personal data. Some examples of how data breaches happen include:

• Malicious attacks – These can happen because of gaps and glitches in a storage cloud software or because of third-party password vulnerabilities. They can involve leaked or stolen data that hackers could sell on the dark web.
• Phishing – Attacks from third-party hackers posing as legitimate sites asking for you to input personal data.
• Ransomware attacks – This is when a cybercriminal holds stolen data from the company for ransom and financial gain.
• Malware / Viruses- When viruses are sent to other systems or websites to destroy information.
• Human theft – When an employee takes data and exploits it for personal gain. Password guessing is another activity that can cause a data breach.
• Distributed Denial of Service (DDoS) – This is when an aggrieved party targets usually large companies as a form of protest. By temporarily halting employee access to the system, it can adversely impact the business.
• Human error- A security breach could occur even if your employees are accurately trained in data protection. For example, a telephone receptionist may discuss personal data in hearing range of a member of the public.

What Are Examples Of Business Data Breaches?

When thinking about how to protect your company from a data breach, it can be useful to bear in mind the real-world consequences that some organisations have suffered. For instance:

• In August 2013, hackers accessed 3 billion Yahoo accounts and although they were not able to steal funds, they did obtain the answers to security questions. This happened because of gaps in IT security during a merger.
• Facebook experienced a data breach in April 2019 that affected approximately 530 million users. Their personal data was posted freely online.

(Resources:  https://www.bbc.co.uk/news/business-41493494 and https://www.bbc.co.uk/news/technology-56815478 )

If your personal data has been breached by the company you work for and this has caused you mental or financial harm, we may be able to help you with making a claim for compensation. Contact our team today by:

• Calling us free on 0330 0434072
• Making a claim online.
• Or discuss this topic through our live chat portal below.

More Resources Related To Data Breaches

We’ve also included some helpful resources:

• Here we look at what constitutes a breach of data protection generally.
• A detailed explanation on how data breach solicitors can help.
• Here we look at the sort of fines from the ICO that can apply after data breach.

External links:

• Information about the role of data processors and controllers from the ICO.
• Guidance on data protection from the government.
• Also, here is advice specifically for organisations from the ICO.

Thanks for reading our guide on how to protect your company from a data breach. Please get in touch to see how we could help you if your personal data was breached by a company you work for.

The Information Commissioner’s Office (ICO), the UK’s executive body for the upholding of information rights, define personal data breaches as security incidents that impact the availability, integrity or confidentiality of personal data. This blog post is aimed at organisations who would like to know more about how to respond to a data breach.

We’ll cover important topics such as reporting data breaches to the ICO, when individuals need to be informed, and what data breach prevention steps can be taken to avoid future breaches from occurring. You also see step by step guidance on how your organisation could make an effective data breach response if personal data has been compromised.

It is important to note that the ICO does not issue compensation payments to those affected by personal data breaches. However, it can and will issue a reprimand or even a data breach fine to organisations that fail to uphold their legal obligations under data protection laws, such as the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA).

Furthermore, we can help assess the eligibility of data breach compensation claims and connect eligible claimants with one of our No Win No Fee solicitors as part of our services. To chat with our team, you can:

• Call the team on 0330 0434072
• Complete our online contact form here
• Open the live chat window on your screen now

Browse Our Guide

1. How To Respond To A Data Breach
2. Do I Need To Report A Data Breach To The Information Commissioner’s Office (ICO)?
3. Do I Need To Notify Affected Individuals Of A Data Breach?
4. How Do I Make Sure A Data Breach Doesn’t Happen Again?
5. Learn More About Personal Data Breaches

How To Respond To A Data Breach

Organisations must report a data breach to the ICO within 72 hours of discovering it. The incident reporting thresholds for a given data breach can be summarised as any breach that has a ‘substantial impact’ on the user base, but we’ll cover this in more detail later in the guide.

How to respond to a data breach is a core issue for any organisation. The ICO has published written guidance on responding to a data breach, which we have summarised in the sections below.

We have provided some data breach claim examples, using the steps from the ICO guidance, to help illustrate the following sections.

Find Out What Happened

Before any actions can be taken, you will need to establish what happened. Make a log of what has occurred (cybersecurity incident, lost documents, wrong mailing address) with a timeline of events. You should also note how many data subjects were affected and what actions have been taken so far.

So if an email data breach has occurred, where personal data has been emailed to the wrong person, be sure to note down when the email was sent, who it was sent to, what personal information was contained within and what steps you are planning to take.

Getting all the facts together before responding will help ensure that your actions are well-informed and address the situation proportionately and in a timely manner.

Attempt To Contain The Data Breach

There are steps that can be taken to contain a personal data breach which will vary depending on the nature of the incident. For a cybersecurity incident you can change your office passwords and make sure all staff do the same.

In a case where information has been posted or emailed to the wrong person, you could ask them to return it, have it ready for collection, or delete the material from their device.

If you suspect a laptop or other device has been lost or stolen, you can retrace your steps and contact your local authority to see if it has been found and handed into them. You should also report any thefts to the police. If you have the appropriate software installed, you could also wipe the device remotely.

Assess The Potential Risks Of The Breach

Assessing the risks means identifying what harm may be caused to affected subjects. This can range from a simple matter of returning paperwork to where it should be or serious breaches that cause significant and lasting distress. Your assessment will inform your response and enable you to resolve the matter appropriately.

For example, an HR data breach could result in significant distress to affected staff members, especially if the HR department has dealt with issues such as workplace discrimination or pay disputes.

Your risk assessment should include information about what personal information was involved, how the breach occurred, and who potentially could have access to the information. You should also assess whether or not the breach meets the reporting threshold, which we cover below.

Following a data breach at your organisation, any individuals who have been affected by the breach may be eligible to claim for the data breach if they can prove you failed to adhere to data protection laws and they suffered mentally or financially due to their personal data being breached.

Do I Need To Report A Data Breach To The Information Commissioner’s Office (ICO)?

As previously aforementioned, you must inform the ICO of any data breach that has occurred at your organisation within 72 hours of discovering it.

When making this report to the ICO, the information you will need to provide them should include:

• How the breach occurred.
• How and when you discovered the breach.
• Who has been or may be affected by the breach.
• What steps and actions you are taking in response to the breach.
• The contact information of anyone else the ICO may need to contact for more information and if you have informed anyone else of the data breach.

When reporting a breach to the ICO, you should provide as much detail as possible and be as accurate as possible. The ICO will then use the information you provided to decide what should happen next.

They may use it to identify data security incident trends or to take regulatory action. Where appropriate, the ICO may also share this information with a cybercrime and law enforcement agency or other regulators.

Do I Need To Notify Affected Individuals Of A Data Breach?

Individuals affected by the data breach only need to be notified if there is a high risk to their rights and freedoms. When informing an individual of a data breach that has compromised their personal data, the information you will need to provide them includes:

• A description of the nature of the data breach.
• The contact details and name of the data protection officer (if relevant) or other contact point where further information can be obtained.
• What the likely consequences of the personal data breach will be.
• What measures you as an organisation have taken, or intend to take, to deal with the data breach and mitigate the possible adverse effects.

As well as informing individuals that a breach has taken place, you should also monitor and analyse personal data breaches to prevent similar incidents from occurring again.

How Do I Make Sure A Data Breach Doesn’t Happen Again?

Preventing future incidents is a key part of how to respond to a data breach. The measures you take will, in part, be informed by the nature of the breach itself. However, continually reviewing procedures and updating software, training and response plans will be very useful in preventing future breaches.

Some steps that the ICO suggest you as an organisation should take the minimise the risk of data breaches occurring include:

• Ensuring staff are up to date with data protection training and know how to effectively respond if a data breach were to occur within the organisation.
• Ensure data is being securely stored. For example, ensure any paper files containing personal data are kept in a locked filing cabinet that only authorised personnel can unlock and access.
• Make sure that all information held is up to date. This could help prevent personal data from being sent to the wrong postal or email address.
• Regularly update passwords and update cyber security measures to minimise the risk of cyber attacks from taking place or personal data from being accessed digitally.

If your personal data has been breached by the organisation you work for, we could help you with making a personal data breach compensation claim as part of our services:

• Call the team on 0330 0434072
• Use our online contact form here.
• Open the live chat window on your screen now.

Learn More About Personal Data Breaches

You can read some more of our data breach claims guides here:

• You can learn about data breach liability with this guide.
• Read our guide on making a data protection breach at work claim.
• Find out about what constitutes an accidental data breach here.

We have also provided some relevant external resources for additional information:

• The National Cyber Security Centre (NCSC) has published this guidance for small and medium sized organisations to help them protect the personal data they handle.
• A personal data breach can be a source of significant stress. You can read more about the symptoms and access support the the NHS website.
• View the latest data security incident trends published by the ICO using this webpage.

Thank you for taking the time to read this post on how to respond to a data breach. You can contact our advisors to see how we could help you if your data has been breached by an organisation or one you work for.

A data breach can be a costly thing to have to deal with as an employer, not just because of the financial implications but also the time they take away from other business activities. If you handle the personal data of your clients or employees, you might like to know, ‘How can employees prevent data breaches?’

Data protection law requires you to take all the necessary steps to protect personal data if you handle or process it. Therefore, you should update your cyber security measures and provide staff with data protection training.

Below, we will discuss how data breaches could occur if these necessary measures aren’t implemented and the steps that employees can take to prevent a data breach from occurring.

Additionally, as part of our services, we can help assess the eligibility of data breach compensation claims and connect eligible claimants with one of our No Win No Fee solicitors. To chat with our team, you can:

• Call 0330 043 4072
• Contact us online.
• Use the live chat feature.

Choose/Select/Jump To A Section or Browse Our Guide

1. What Is A Data Breach?
2. How Can Employees Prevent Data Breaches?
3. How Else Can You Prevent Data Breach Incidents?
4. Read More About Data Breaches

What Is A Data Breach?

As an employer, you will hold personal information for both staff and customers, which could include someone’s:

• Name.
• Address.
• National Insurance Number.
• Email address.

Personal data is any information that could be used to identify someone, either directly or indirectly in combination with other information.

Depending on the nature of your business, you may also process special category data. This is classed as sensitive data and, therefore, requires more protection. Some examples of data that is classed as special category include any information regarding:

• Race or ethnicity.
• Trade union membership.
• Health data, e.g. medical conditions.
• Sexual orientation.

As a data controller (someone who decides how and why data is being processed) or data processor (someone who processes data on behalf of the controller), you are required to follow the rules set out within the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulations (UK GDPR). This is because these legislations sit together to form data protection law.

If you fail to adhere to these laws, this could lead to your organisation suffering a data breach.

A data breach is a security event that affects the confidentiality, integrity or availability of personal data.

If your organisation suffers a data breach due to data protection laws not being adhered to, and this leads to an employee or client suffering financial or emotional harm due to their personal data being compromised, they have a right to claim for the data breach.

How Can A Data Breach Happen?

There are many ways a data breach can happen within your organisation, and some examples include:

• If you have inadequate cyber security and fall victim to a cyber attack.
• Clicking on a phishing email that steals personal data or information.
• Leaving data unsecured (not properly stored or locked away) so that unauthorised people can access it.
• Failure to use BBC in emails.
• Verbally disclosing personal data without a lawful basis for doing so.
• Weak passwords.
• Unsecured networks.

Of course, there are many more ways a breach could happen, and we cannot list every eventuality. The examples above should give you some idea of what you should be aware of as a business.

How Can Employees Prevent Data Breaches?

Preventing data breaches can feel like an uphill battle with constant updates and things like new viruses appearing regularly. It is, therefore, important as an employer that your employees know what they can do to prevent a data breach from happening in the first place.

If you are wondering, ‘How can employees prevent data breaches?’, some examples include:

• The employees in the IT department could regularly update cybersecurity measures to reduce the risk of cyber attackers and hackers accessing personal data.
• Being vigilant when opening links from unknown sources and preferably scanning them with antivirus software thus not creating security breaches.
• Refraining from using file-sharing websites whilst at work.
• Redacting personal information when appropriate.
• The use of strong passwords and multi-factor authentication.
• Regularly changing passwords.
• Spotting and reporting suspicious online activity.
• Not leaving data so it is vulnerable to being stolen, e.g. a USB drive in a bag left unattended.

If you fail to implement the necessary measures to protect personal data, causing someone to suffer distress due to the data breach, you could be considered liable for the data breach.

How Else Can You Prevent Data Breach Incidents?

Now that we’ve looked at how can employees prevent data breaches, there are steps that you could take as a business owner or manager to help further prevent data breaches from occurring within your organisation. These are:

Remember To Create And Update Procedures

It is a good idea to have a procedure in place for data security and the standards you expect. This should also be updated regularly to make sure that you are as safe as possible. There is also the bonus of setting the right tone with your staff, i.e. that data is something to be taken seriously by all employees.

In addition, you can consider getting software that allows for different levels of permission when viewing online documents or having certain websites or domains blocked when using work computers. Be proactive, and this will help you in the long run.

Remote Monitoring

This provides around-the-clock monitoring of your network. You do not need IT staff to be working at all times, as there are managed IT services and intrusion detection systems that can do this for you.

Data Backup And Recovery

Loss of data can also be a data breach. It could be the case that someone, through a virus or computer program, deletes your data. Data can also be lost due to physical damage such as in a fire or natural disaster. Server damage is also a possibility. 

For these reasons it is wise that your IT team backs up your data. This will protect you from irrecoverable data loss.

Safeguard Physical Data

It is important to remember that physical actions can cause data breaches. This could include paperwork and physical files. If they are not secured adequately then unauthorised persons could gain access to them. To help protect physical data, such as paper files, you could lock these away in a filing cabinet that only authorised personnel can unlock, for example.

Protect Portable Devices

You could have data stored on a portable device such as a laptop, external hard drive, or flash drive. These devices need to be protected as if they fall into the wrong hands, they could be accessed if they are not password protected or have anti-theft software installed. Remember, staff will, at times, take these devices out of the office, which can increase risk. Password-protecting these portable devices and instructing staff to be cautious when transporting them could help with data breach prevention.

Read More About Data Breaches

Additional data breach guides by us:

• Learn what should a company do after a data breach with this useful guide.
• Guidance on when a data breach should be reported and how quickly.
• Learn what constitutes as a breach of data protection.

Helpful external resources:

• Guidance on bringing your own device to work from the National Cyber Security Centre (NCSC).
• Overall guidance on personal data breaches from the Information Commissioner’s Office (ICO).
• Guidance for organisations on how to prevent data breaches from the ICO.

We hope we have answered ‘How can employees prevent data breaches?’. If your data has been breached by an organisation or one you work for, you can contact our advisors to see how we could help you.

Data breaches can impact every area of a person’s life. If you’ve noticed suspicious activity on any of your online accounts or if you’ve been receiving spam calls or texts, you might be wondering how to check if your personal information has been compromised.

This article will explain the practical steps to take to safeguard against this threat. First, you can check if your data has been compromised, and then you can potentially take action.

We’ll discuss both the steps you can take to check if your data has been breached and what you can do about it. Our guide also touches on the kinds of personal info that could be targeted by a breach, including email accounts, login information, and banking details.

Carry on reading to learn more, or if you prefer, discuss your data breach concerns with our dedicated team of advisors. They can answer any questions that arise.

Also, our service can connect callers to a data breach solicitor to seek data breach compensation if their case is eligible. Learn more by:

• Calling on 0330 043 4072
• Contact us online
• Use the live chat feature

Jump To A Section

1. How To Check If Your Personal Information Has Been Compromised
2. What To Do If Your Personal Information Has Been Involved In A Data Breach
3. Can You Report Suspicious Messages And Phone Calls?
4. How Can You Prevent A Data Breach?
5. Learn More About Data Breaches

How To Check If Your Personal Information Has Been Compromised

The first step you should take if you think your personal information has been compromised is to contact the organisation directly. They should be able to tell you whether or not they have suffered a data breach and if it has affected your personal information.

Further steps you can take include:

• Checking that there is no unusual activity in your bank account or other accounts
• Being alert to any increase in unwanted cold calls or spam emails
• Change your passwords regularly and use a unique password for each account

There are also some software and websites that can alert you if they find that your information has been compromised in a data breach.

What Personal Information Can Be Exposed In Data Breaches?

Personal information can be any detail about you that reveals or suggests your identity, either on its own or when used alongside other details. This can include your:

• Name and address
• Email address and mobile phone number
• Date of birth
• National insurance number
• Credit score reports

Sensitive information, also known as special category data, is a subset of personal data that needs extra protection. This can include:

• Health information, like your medical records
• Biometric data
• Trade union memberships
• Racial or ethnic data

This kind of information can be used across multiple services and be found in browsers, apps, recruitment sites, online company websites and gaming platforms.

To learn more about how to check if your personal information has been compromised and what to do if it has, contact our team today.

What To Do If Your Personal Information Has Been Involved In A Data Breach

A personal data breach can have a devastating effect on both your mental and financial well-being, and it can be hard to know where to start. If your personal data has been involved in a data breach, some steps you can take include:

• Change your passwords: After a data breach, it’s important to change your passwords and ensure that any accounts with the same password are updated.
• Enable two-factor authentication: Many apps and services offer two-factor authentication, which can make it harder for hackers or cybercriminals to access your accounts.
• Look out for suspicious activity: Be alert for suspicious activity on your accounts or an increase in spam calls, emails, or texts.
• Seek legal advice: We always recommend seeking legal advice if your personal data has been compromised because you may be eligible to claim data breach compensation.

Contact our team of advisors today to find out if you could be eligible to make a data breach claim, and to learn how to find a No Win No Fee data breach solicitor.

Can You Report Suspicious Messages And Phone Calls?

Yes, you can report spam calls and texts. There are two main avenues to do this, the first being through the Information Commissioner’s Office (ICO).

The ICO is the UK’s independent data protection watchdog and takes reports of spam texts and nuisance calls. They don’t respond to every complaint individually, but can investigate the report.

If the ICO finds that the organisation behind the calls have breached the Data Protection Act 2018 (DPA) and UK General Data Protection Regulation (UK GDPR), they may levy a data breach fine against them.

You can also report suspicious calls and texts to the National Cyber Security Center (NCSC). They also provide guidance on what to do if you’ve shared personal information with a spam caller.

How Can You Prevent A Data Breach?

There are many ways that you can help prevent data breaches. While not all methods are completely infallible, some of the steps you can take to protect your data further include:

• Using complex and unique passwords
• Having robust cybersecurity policies on your devices
• Being wary of where you share your information online
• Using a Virtual Private Network (VPN) to mask your IP address
• Having two-factor or multi-factor authentication enabled

These are only a few examples of what you can do to help prevent a data breach. If you think that your personal data has been compromised, contact our team of advisors today.

Learn More About Data Breaches

In addition to this guide on how to check if your personal data has been breached, these other guides from our website offer further reading:

• This guide looks at what constitutes a breach of data protection.
• Find out if you can claim after receiving a letter about a data breach
• See guidance on what a company should do after discovering your data has been breached.

More Resources On How To Check If Your Personal Data Has Been Compromised

• Read here how to make a complaint to the ICO about data use.
• In addition, guidance on data protection from GOV.UK
• Lastly, here are some data breach statistics from the Cyber Security Breaches Survey 2024.

Thank you for reading our guide on how to check if your personal information has been compromised.

Have you, or someone you know, suffered due to children in care data breaches? This article will help explore what constitutes a children in care breach and show some examples too. We will also explain what compensation you may be eligible to receive as well as the criteria needed for a No Win No Fee arrangement.

Children in care can be especially vulnerable, and data breaches can endanger them. They may have escaped from a bad living situation and need the protection a care service can offer. A data breach can impact the physical safety and mental well-being of the child, knowing that their personal information is compromised. 

If you believe that a children in care data breach has compromised a child’s or your personal information, and you have a claim, speak to an advisor now for free and relevant advice. They are available 24/7 to answer questions about data breach claims. They may find your claim valid and connect you with our expert panel of No Win No Fee solicitors. Contact us today by:

• Using our live chat feature
• Calling the number at the top of the page
• Fill out our claim contact form

Choose A Section

1. Guidance On Claiming Compensation For A Children In Care Data Breach
2. What Is A Children In Care Data Breach?
3. Examples Of Data Breaches Involving Children In Care
4. How Much Could I Get For A Children In Care Data Breach?
5. Criteria To Make A No Win No Fee Agreement
6. Further Information About Children In Care Data Breaches

Guidance On Claiming Compensation For A Children In Care Data Breach

The UK General Data Protection Regulation (UK GDPR) is a piece of legislation that outlines, in conjunction with the Data Protection Act 2018 (DPA), data protection regulations.

Personal data is information that can identify you. For example, your name is personal information.

The UK GDPR defines a data breach as a security incident where personal data is accessed, disclosed, destroyed, lost or changed accidentally or without a lawful basis. There are two possible entities that are responsible for keeping your data safe, which include:

• Data controller – The entity that determines the purpose of processing the data.
• Data processor – An entity that might be outsourced by the controller to process the subject’s data on behalf of the controller, and in accordance with the controller’s purpose for the data. 

For a child to claim for a data breach, they must have a litigation friend acting on their behalf. The Limitation Act 1980 states that a child cannot claim for themselves in certain cases; for example:

• If under 18, a litigation friend can be appointed to represent the child’s best interests and claim on their behalf until their 18th birthday.
• A litigation friend can also be appointed if the claimant lacks the mental capacity to claim for themselves, or until mental capability is regained. 

Generally, those who are 18 or over have 3 years to claim.

What Is A Children In Care Data Breach?

The UK GDPR and DPA work alongside each other to ensure the security of your personal data. When the entity processing the data fails to safeguard your personal data exposing your information to those without lawful bases, you could claim. 

The Information Commissioner’s Office (ICO) states that a controller or processor must have lawful reasons to process personal data. Some examples of lawful bases include:

• Consent
• Contract fulfilment
• Legal obligation
• Vital interest
• Public task 
• Legitimate interest

It is important to remember that each lawful basis is equally as important as the other meaning that consent does not supersede the basis of a contract or vital interest. Contact our advisors for more information on what a children in care data breach is or read on for provided examples.  

Examples Of Data Breaches Involving Children In Care

Data breaches can be cyber or non-cyber security incidents. A children in care data breach can include sensitive data relating to confidential home addresses for children escaping from abusive situations.  

Personal information can fall under the ICO’s list of special category data, which can include racial or ethnic origin and genetic data.

Some examples of children in care data breaches can include:

• Phishing – The impersonation of legitimate sources, mostly through emails, to obtain personal information.
• Unauthorised access – Individuals are granted access to the personal information they shouldn’t have. 
• Ransomware – A type of malware installed on a computer that encrypts information unless a ransom is paid; however, it does not guarantee that the information stolen will not be processed even if the ransom is paid. 

Data Breach Figures For 2022

As previously mentioned the most common types of children in care data breaches include phishing, unauthorised access and ransomware. The below chart shows the other types of breach incidents in social care as reported in the ICO’s data security trends: 

How Much Could I Get For A Children In Care Data Breach?

In successful children in care data breach claims, there are two common types of possible compensation known as material and non-material damages.

The Judicial College Guidelines (JCG) is a publication that outlines the potential payout brackets for non-material damages, which covers the mental harm and suffering inflicted due to the data breach. The amount awarded can differ depending on the level of severity of your mental health diagnosis. The following table below shows possible compensation amounts listed in the 16th edition of the JCG:

Injury	Compensation	Notes
Severe general mental health damage (a)	£54,830 to £115,730	The injured person has marked problems with prognosis, future vulnerability, impact on relationships and the ability to cope with work, life, employment and/or education.
Severe anxiety disorder (a)	£59,860 to £100,670	The injured person will be permanently affected preventing working at all or to a pre-trauma, plus all aspects of life will be detrimentally impacted.
Moderately severe general mental health damage (b)	£19,070 to £54,830	Significant problems with the same factors as above, however, the injured person will have a slightly better prognosis.
Moderately severe anxiety disorder (b)	£23,150 to £59,860	Professional help may aid recovery, however, PTSD may cause significant disabilities in the future.
Moderate general mental health damage (c)	£5,860 to £19,070	Where the injured person may have some problems with the same above factors, there will also be a considerable improvement and the prognosis is better.
Moderate anxiety disorder (c)	£8,180 to £23,150	Where there has been a large recovery and persisting effects will not be majorly disabling.
Less severe general mental health damage (d)	£1,540 to £5,860	The prognosis has majorly improved and the awarded amount depends on how much daily activity and sleep are affected.
Less severe anxiety disorder (d)	£3,950 to £8,180	Within one to two years the injured person will have a nearly full virtual recovery and minor symptoms will continue for longer.

Explaining Material Damage

Additionally, you may receive compensation for material damages such as compromised personal banking information. Financial information is particularly sensitive as with unlawful access, a third party can withdraw your money, impersonate your identity and apply for loans. 

Contact our advisors today for more information on what compensation you may be eligible to claim as part of your children in car data breach case. 

Criteria To Make A No Win No Fee Agreement

If you would like to pursue a claim with the help of a solicitor, you may want to take a No Win No Fee arrangement. Our advisors can determine whether your claim has grounds and can connect you with our panel of expert No Win No Fee lawyers. 

No Win No Fee is a common term that refers to specific legal arrangements. For example, our panel of solicitors operate under a Conditional Fee Agreement (CFA) which has many advantages when making a data breach claim. Hiring a CFA lawyer costs nothing upfront and you pay none of their legal fees if your claim fails.

If your claim succeeds, a success fee, which is a legally-capped percentage, is taken from your compensation. This is only after the compensation has come through, however. You’ll also get to discuss the percentage with a solicitor from our panel before claiming. 

Ask About Making A Children In Care Data Breach Claim

If your claim could help with legal guidance from our panel of CFA lawyers, get in touch today by:

• Using our live chat feature
• Calling the number at the top of the page
• Fill out our claim contact form

Further Information About Making A Children In Care Data Breach Claim

We have many other guides that you may find helpful:

How To Claim GDPR Compensation For Distress

Claim Medical Data Breach Compensation

How To Find Data Breach Claim Solicitors

Please see the other useful external links provided as well:

ICO – Make a complaint

Mind – Mental health

ICO – Your data matters

Contact our advisors for more information on a children in care data breach today.

Writer Jack Elliott

Publisher Ruth Voss

If you’ve been harmed by a personal data breach caused by the failings of an entity that was processing your data. If so, you may be wondering “how long does a data breach claim take?”. We may be able to help.

This article will explain the time limit that applies to making a data breach claim as well as how the process of making a claim works. We’ll also look at some examples of how data breaches can happen, as well as how your data and rights are protected under the regime that protects personal data in the UK; namely, the UK General Data Protection Regulation (UK GDPR) and an updated version of the Data Protection Act 2018.

To begin your claim, or for more information from our team of advisors, you can:

• Contact us through our website today
• Send us a message via our live chat which is in the corner of the screen
• Fill out our online form

Choose A Section

1. How Long Does A Data Breach Claim Take?
2. What Is The Definition Of A Data Breach?
3. How Do Data Breaches Occur?
4. Payouts For Data Breach Claims
5. What Does A No Win No Fee Lawyer Do?
6. Further Information – How Long Does A Data Breach Claim Take?

How Long Does A Data Breach Claim Take?

There is no one answer to the question “how long does a data breach claim take?”. The length of time it takes before a claim is resolved can depend on a range of different factors.

You do need to start a data breach claim within the appropriate time limit. This is usually one year for claims against public bodies, and six years for all other organisations.

Any organisation that processes your personal data has a responsibility to protect it. This is the same whether it’s a data controller (someone who decides how and why personal data is processed) or a data processor (someone who processes data on behalf of a controller).

Call our advisors today for more information and free advice on your claim. They may also be able to give you a rough answer to the question “how long does a data breach claim take?” once they have more details about your case. If they believe your claim would be successful, then they can put you in touch with our panel of data breach solicitors.

What Is The Definition Of A Data Breach?

A data breach is when personal data, sensitive data or criminal information has been released or altered without the consent of the data subject. All personal data is protected under the UK GDPR and the Data Protection Act 2018. Under these pieces of legislation, you could make a claim for a data breach.

A breach of personal data happens when a security incident causes its availability, confidentiality or accessibility to be compromised.

You can only claim for a breach of personal data, not data overall. Personal data is defined as any data that can be used to identify a living individual and that is stored, either digitally or physically.

Furthermore, you cannot claim just because a breach happened. It must have been caused by the failings of the data controller or processor handling your data. For instance, you’d be unlikely to have a valid claim if a hacker accessed your personal data from their systems despite them having the most up-to-date security systems available.

How Do Data Breaches Occur?

Data breaches can occur in a number of different ways. A personal data breach can affect data that is stored digitally or physically. They can also be classed as cyber or non-cyber breaches. In this section, we will focus on data breaches caused by human error

The ways in which human error can cause a data breach are:

• Data being emailed, posted or faxed to the wrong person where the recipient doesn’t have the authorisation to see the information
• A failure to redact personal data
• A failure to use BCC in emails, which could expose your email address to everyone else on the mailing list
• Loss or theft of paperwork containing personal data
• Verbal disclosure, but only where this personal data is also stored digitally or physically
• Incorrect disposal of paperwork or hardware. For example, an organisation might require that paperwork containing personal data is shredded before being disposed of. If this was mistakenly thrown in a general waste bin instead, then this would be a breach.

For further guidance on what could form the grounds of a claim, as well as an answer to the question of how long a data breach claim can take

Data Breach Statistics For 2022

According to the ICO’s data security incident trends, in the latest financial quarter, there were a total of 2402 data security incidents reported to the ICO. The most common of these was data being emailed to the incorrect recipient, with a total of 419 recorded incidents. In the last financial quarter, the health sector was the most impacted by data breaches with 467 incidents reported.

Payouts For Data Breach Claims

When calculating data breach compensation, there are many different variables that influence the total amount. You can be compensated for material damage (the impact on your finances) and/or non-material damages (the part of your claim that relates to the psychological impact).

Before 2015, you could only claim non-material damages if you also claimed for material damages. The Vidal-Hall and others v Google (2015) case meant that this changed, as the Court ruled that claimants can be compensated for non-material damages even if they didn’t experience financial harm.

The Judicial College produces guidelines that can be used to help value the head of your claim that relates to non-material damages. The compensation brackets are based on other previously settled cases; however, they are just guidelines and are not guarantees of how much you could receive.

We have included some excerpts from these guidelines below:

Type of Mental Health	Compensation Bracket	Description
Severe Mental Health Issues	£54,830 to £115,730	The injured party will be suffering from problems with the ability to cope with day to day life. Prognosis will be very poor.
Anxiety Disorder: Moderately Severe	£23,150 to £59,860	Symptoms will cause significant disability for the future but there will be a better prognosis than in more serious cases
Less Severe: Mental Health Issues	£1,540 to £5,860	Award in this bracket is reliant on the length of time the disability has been going on and the extent to which it has affected daily activities
Anxiety Disorder: Moderate	£8,180 to £23,150	Largely recovered, with some lingering PTSD-like symptoms that do not disable the injured person to a great degree
Moderately Severe Mental Health Issues	£19,070 to £54,830	More optimistic prognosis than in more serious cases but still significant problems; majority of awards will fall in the middle of this bracket.
Anxiety Disorder: Less Severe	£3,950 to £8,180	A virtual full recovery will have been made within a couple of years
Moderate Mental Health Issues	£5,860 to £19,070	Good prognosis and improvement of symptoms despite problems in a range of areas of life.
Anxiety Disorder: Severe	£59,860 to £100,670	The injured person will have no employment prospects and will be unable to function the way they did before the trauma

A data breach can have an impact on your finances. For instance, if your bank details are exposed, then this could mean that your money is stolen. Even if your bank details are not impacted, your identity could be stolen which could affect your credit score. This could be included as part of your claim.

For an answer to the question “how long does a data breach claim take” as well as more free legal advice, why not speak with an advisor today? If you have a valid claim, we could provide you with a solicitor.

What Does A No Win No Fee Lawyer Do?

A Conditional Fee Agreement (CFA), is a form of No Win No Fee arrangement, these arrangements are used to help claimants seek out legal representation, without the added worry of paying the legal fees.

Being a conditional agreement, it means that if your claim has a successful outcome, then you would have to pay a success fee. This success fee is used to pay for the services of a solicitor. If your claim is unsuccessful, then you do not have to pay the success fee.

Ask Us – How Long Does A Data Breach Claim Take?

If you are wondering if you are eligible to make a claim for a data breach, you can get in touch with us. Our advisors can help you with free guidance and advice. This service is available 24/7.

Here is how you could get in touch with us:

• You can also contact us through our website
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Further Information – How Long Does A Data Breach Claim Take?

Throughout our website, we have curated a large range of articles and guides to help you through the claims process.

We have also collected some external resources for you to have a read through, they might help understand further.

• Reporting a breach
• What To Do After a Data Breach
• Data Protection Complaints

Below, you can find links to some of our other claims guides:

• How Much Is a Data Breach Claim Worth?
• How To Claim GDPR Compensation For Distress
• How To Find Data Breach Claim Solicitors
• An Overview Of Data Breach Compensation Claims

Additionally, if your require any additional information on how long does a data breach claim take, don’t hesitate to contact us.

Writer Lizzie Winchester

Publisher Fern Stanhope

Last Updated 23rd July 2024. This guide aims to help you understand how much a data breach claim could be worth. Firstly, you will need to learn what a data breach is. We explain this, alongside examples. 

If you would like to claim compensation, you will need to prove your data has been breached due to a failure on the part of the data controller or data processor. We also explain who the data controller and data processor are.  

Then we explore the legislation in place designed to help keep your personal data secure. In addition, we look at what data an organisation might hold in both digital and paper form. We also examine the statistics of data breaches. 

Take a look at the damages you could claim compensation for with this guide. We provide definitions and examples of both material and non-material damage.

Finally, we explore how No Win No Fee solicitors take data breach claims for compensation. 

Call us today on 0330 0434072 or ask how to make a claim online for dedicated help from an advisor.

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Choose A Section

1. How Much Is A Data Breach Claim Worth?
2. What Are Data Breaches?
3. How Do Data Breaches Happen?
4. Average Payouts For Data Breach Claims
5. What Does A No Win No Fee Solicitor Do?
6. Further Information – How Much Is A Data Breach Claim Worth?

How Much Is A Data Breach Claim Worth?

If your personal data has been breached, you might ask ‘how much is a data breach claim worth?’ The UK has laws in place to protect personal information that is processed by organisations. Your personal data that is collected must be kept secure by the data controller or data processor as we discuss in this guide. 

Organisations that decide why and how they need to process our personal information are generally data controllers. These could include anybody from a healthcare provider to a shopping website. Data processors are parties that data controllers sometimes use to process personal data on their behalf. 

Personal data is information that can identify you, whether along with other data or directly. Data collected could be medical records, banking details, home addresses, email addresses, and screen names amongst other identifiers. 

If your data was breached due to a failure on the part of those responsible for protecting your personal information, you might be able to claim compensation. You will need to supply evidence that your personal data was breached, however. This could include an email from the data controller informing you of a data breach. 

You also need to show that you suffered as a result of the data breach. This could involve financial loss or mental harm.

Contact our advisors to discuss the evidence you could submit in a data breach claim. 

What Are Data Breaches?

The Information Commissioner’s Office (ICO) defines a data breach as breaches of security that lead to the accidental or unlawful disclosure of, access to or alteration of, loss of, destruction of personal data. This means that if your personal data held by an organisation is lost, stolen, altered or destroyed, a breach could have occurred. This could be information that is held digitally or physically.

You might enter your personal information, such as your name and address on a website. The data controller or processor may hold onto this information. If you don’t opt into marketing, for example, this could be considered a data breach if you then start receiving marketing emails. 

An organisation, such as a doctor’s surgery, may hold a paper file on you that contains your health information along with your name, phone number and address. Through mishandling, the file could be left in an unlocked filing cabinet resulting in it being stolen. This is considered a data breach. 

Data Protection Laws

The UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 are examples of data protection legislation. These regulations set out how companies can handle your personal data. If the inability to abide by data security laws, for example, on behalf of the data controller or processor results in a data breach, you might be able to claim compensation. 

You do not need to suffer material damage, such as a loss of credit rating, in order to claim compensation. Due to the Vidal-Hall and others v Google ruling, you could claim for non-material damage, such as psychological harm as a result of a data breach. You may wonder ‘how much is a data breach claim worth?’ We will discuss both heads of the claim in more detail later on. 

Contact our advisors for free legal advice if you’ve experienced a data breach. 

How Do Data Breaches Happen?

Human error, such as from skills or decision-based error, can lead to data breaches. Small mistakes that occur when the person knows the correction action can be skill-based errors. Tiredness, for example, could result in a data breach. Decision-based errors occur when the controller does not have the necessary knowledge required to make the correct decision. Inadequate training could lead to a decision-based error. 

Cybercrime, such as hacking, could also lead to a data breach. Human error, such as not updating cybersecurity, could lead to cybercrime data breaches. 

Data breaches could occur due to: 

• Emailing or faxing the wrong person, including not using BCC in emails
• Personal information posted to the wrong address
• Failure to redact information
• Lost or stolen devices
• Failure to shred paperwork or theft of paperwork

Contact our advisors to find out if you have a potential data breach compensation claim. 

What Are The Latest Data Breach Statistics?

The ICO collects information about data security trends. The third quarter 2021/22 recorded 2404 data breaches covering both non-cyber and cybersecurity issues. 

Non-cyber security incidents led to:

• 16 personal data alterations
• 419 wrong email recipients
• 30 wrong data subjects shown the wrong client portal
• 181 instances of the wrong person receiving personal data posted or faxed
• 101 failures to redact information
• 83 failures to use the BCC when emailing multiple recipients
• 2 incorrect hardware disposals
• 13 incorrect paperwork disposals
• 44 devices lost or stolen
• 131 times paperwork was lost or stolen
• 84 verbal disclosures
• 262 times unauthorised access occurred

Average Payouts For Data Breach Claims

If you are reading this guide, you probably want to know how much is a data breach claim worth. The exact figure is difficult to determine without properly taking into account evidence; however, we can supply information to help you estimate. 

Data breach compensation claims can include compensation for up to two potential impacts of a breach. The first is called non-material damage, and the second is material damage. We discuss each in more detail below. 

Non-Material Damage

If a data breach leads to you suffering psychological harm, you could claim compensation for non-material damage. An independent medical assessment might be required to claim this compensation. This provides a more accurate view of your mental injuries. 

Solicitors refer to a document titled the Judicial College Guidelines (JCG) to help assess how much your psychological harm might be worth. Injuries are listed next to their potential compensation brackets in the JCG. We’ve included examples of potential payouts for general psychological damages, which could include anxiety and depression in the compensation table below. 

Injury	Guideline compensation	Notes
Significant Psychiatric Harm Plus Financial Damage	Up to £150,000+	The payout compensates for both non-material and material damage.
Severe psychological injury	£66,920 to £141,240	Inability to cope with life and personal relationships with a very poor prognosis.
Moderately severe psychological injury	£23,270 to £66,920	Significant difficulties coping with personal relationships and life but with a positive prognosis.
Moderate psychological injury	£7,150 to £23,270	A marked improvement following an inability to cope with life and personal relationships with a good prognosis.
Less severe psychological injury	£1,880 to £7,150	A period of disability which impacts sleep and daily activities.
Severe anxiety disorder	£73,050 to £122,850	Permanent symptoms which prevent functioning at pre-trauma level
Moderately severe anxiety disorder	£28,250 to £73,050	Significant disability for the foreseeable future but some recovery with professional help.
Moderate anxiety disorder	£9,980 to £28,250	Continuing to impact life but it is not grossly disabling.
Less severe anxiety disorder	£4,820 to £9,980	Minor symptoms beyond 1-2 years but mainly recovered.

What To Include In A Data Breach Claim

If you experience a loss of finances caused by the data breach, you could seek a payout addressing material damage.

Your bank account details being used by someone else to make online purchases, for example, is something you could claim material damage compensation for if you didn’t recover the loss. You could also claim for future losses. This could include an inability to get a mortgage in the future due to bad credit being built up in your name as a result of the data breach. 

Our advisors can estimate how much compensation you may be able to claim. 

 What Does A No Win No Fee Solicitor Do?

You might find claiming compensation simpler with a No Win No Fee solicitor. Traditionally, using a solicitor has been expensive. You might think you do not have the financial resources to hire a lawyer following a data breach. However, a No Win No Fee arrangement can make a solicitor’s services more affordable. This can also be called a Conditional Fee Agreement (CFA). 

Instead of an upfront solicitor’s fee under a No Win No Fee arrangement, you pay a success fee. This is only payable if your claim is successful and will be taken from your award. It is also legally capped. 

Ask Us – How Much Is A Data Breach Claim Worth?

Our advisors are standing by with free legal advice. If you find yourself wondering ‘how much is a data breach claim worth?’, you can contact them for an estimate of your damages. They are available 24 hours per day, 7 days a week. Eligible claims could be passed onto our panel of personal injury lawyers. 

• Call 0330 0434072 to start your claim today. 
• You can also contact us to make a claim or get advice.

Further Information – How Much Is A Data Breach Claim Worth?

You might find the following links useful: 

• Mental Health Services from the NHS
• How to Make a Data Protection Complaint Guide from the Government
• Report a Data Breach to the ICO

Below, you can find links to some of our other claims guides:

• We answer the question: How long does a data breach claim typically take?
• An explanation of how to claim GDPR compensation for distress or anxiety.
• How to find data breach claim solicitors in your area.
• An overview of data breach compensation claims and how they work.

Publisher Ruth Voss

Writer Danielle Baker