Do you have questions about app data breach claims? Did you download or sign up for an app site that then failed to adequately secure your personal information?

Apps are used for a number of reasons and are common in everyday life. However, if an app developer has failed to safeguard your personal data according to data protection law, you may be able to claim.

The Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR) set out the rules and regulations for organisations that process the personal data of UK residents. These laws are enforced by the Information Commissioners Office (ICO), which is the independent regulator for public data protection rights.

If an app provider failed in their legal obligation to protect your data and you suffered financial or emotional damage because of it, read the sections below or speak to our team to start your claim. To get in touch:

• Call us on 0333 241 2521
• Make a claim online
• Use the live chat below

Choose A Section

1. App Data Breach Claims – A Guide
2. How Can I Make App Data Breach Claims?
3. If You’ve Experienced A Data Breach, What Can You Do?
4. What Compensation Could You Receive From App Data Breach Claims?
5. Why Make A Data Protection Breach Claim On A No Win No Fee Basis?
6. Learn More About Claiming For A Data Protection Breach

App Data Breach Claims – A Guide

Apps can be downloaded onto our devices for thousands of different uses, from work to entertainment– Such as music, social media, dating or running a business. However, apps and app developers often collect and process our personal data.

This is information that can identify you and can include your home address, email address, and full name. It also includes special category data, which is sensitive, and as such, requires extra layers of protection according to legislation. Special category data can include information such as your sexuality, medical data, or your trade union membership.

A personal data breach is a security incident. An incident such as this could affect your personal data’s availability, confidentiality, or integrity. If a personal data breach occurs because of wrongful conduct on the part of a data controller or data processor, then you may be eligible to claim data breach compensation. A data controller decides how and why your personal data is used, and a data processor processes your data on the controller’s behalf.

However, in order to form the basis of a valid claim, your case must meet certain criteria set out by the UK GDPR. Read on to learn more about app data breach claims, or get in touch with our team to get started.

How Can I Make App Data Breach Claims?

As we mentioned in the section above, the UK GDPR sets out the eligibility criteria for making a personal data breach claim. According to this legislation, you can only make a claim if:

• The breach involves your personal data
• The breach is a result of wrongful conduct due by the data processor or data controller
• You experience harm because of the breach, either financially or psychologically

App Data Breach Claims – Time limits

Your case must also fall into the relevant time limits if you wish to make a claim. Usually, you will have six years to start a personal data breach claim. But, when you make a claim against a public body, you have one year to start your claim.

To find out if you could be eligible to make app data breach claims, contact our team. They can offer free legal advice and more guidance on claiming.

If You’ve Experienced A Data Breach, What Can You Do?

You may be wondering what steps you could take if you experience a personal data breach that causes you harm. If the breach could affect your freedoms or rights, then the organisation responsible has to inform the ICO within 72 hours. Likewise, you should be informed without undue delay.

You can complain directly to the organisation responsible for the breach. They might provide more information, such as the information that was affected or how the breach occurred. But, if they don’t respond, or if their response is unsatisfactory, you can make a complaint to the ICO. A data breach report can help strengthen your claim.

The ICO does not handle compensation claims, and it also cannot provide compensation. But, they can open investigations into organisations that do not comply with data protection legislation. Depending on the outcome of this investigation, they may impose a fine upon the organisation.

To learn more about when a data breach should be reported, or to start your claim, get in touch with our team.

What Compensation Could You Receive From App Data Breach Claims?

Material damage is the head of your claim that addresses the financial impact of the breach. For example, you could land in debt because of a data breach, or your credit score may be damaged. These losses can be claimed back under material damage.

Non-material damage is the head of claim that addresses the psychological impact of a data breach. A data breach can cause mental health injuries, which can have a significant effect on you and your life. Distress is one example, as well as depression and anxiety.

Type of Psychiatric Injury	Definition	Compensation Bracket
Mental Harm	Significant marked issues that affect the ability to cope with all areas of life.	(a) Severe – £54,830 to £115,730
Mental Harm	Similar issues but a much better long-term prognosis than above.	(b) Moderately Severe – £19,070 to £54,830
Mental Harm	By the time the case may need to be heard in court, there will be a marked improvement in symptoms.	(c) Moderate – £5,860 to £19,070
Mental Harm	Reflective of the length of disability and the effect on daily activities.	(d) Less Severe – £1,540 to £5,860
Post-Traumatic Stress Disorder (PTSD)	Life-long trauma impact that prevents work or coping at anywhere near pre-trauma levels	(a) Severe – £59,860 to £100,670
PTSD	There is some chance of recovery with professional help.	(b) Moderately Severe -£23,150 to £59,860
PTSD	Largely recovered, any remaining symptoms or effects will not be grossly disabling.	(c) Moderate – £8,180 to £23,150
PTSD	A virtually full recovery within a 24 month period and only minor issues persisting beyond this.	(d) £3,950 to £8,180

The table above shows guideline non-material damage amounts. These figures are from the Judicial College Guidelines (JCG), which is a document that helps legal professionals assign value to compensation claims. These amounts are not guaranteed, as they are only guidelines.

Contact our team for more help in claiming for a data breach. Or, to learn how one of our panel solicitors could help you with your app data breach claims, contact our advisors.

Why Make A Data Protection Breach Claim On A No Win No Fee Basis?

Our expert No Win No Fee solicitors could help you through the app data breach claims process if your claim is valid. Under a Conditional Fee Agreement (CFA), you generally do not have to pay any upfront fees or ongoing costs to your solicitor. In the event of a successful claim, your solicitor will take a success fee: this is taken as a percentage of your compensation and is legally capped.

Contact our advisors to find our how our No Win No Fee data breach claim solicitors can help you.

Contact Us For Free Today To See If You Could Claim

Our advisors can provide free legal advice and may be able to connect you with one of our panel solicitors. For more help with app data breach claims, contact our team:

• Call us on 0333 241 2521
• Make a claim online
• Use the live chat below

Learn More About Claiming For A Data Protection Breach

For more helpful articles surrounding personal data breaches, we recommend:

• Disciplinary records data breach payouts
• Mortgage broker data breach claims
• Estimating compensation for a wage data breach

Or, for more resources:

• ICO – Make a complaint
• NCSC – Data breach guidance
• GOV – Cyber security breaches survey 2022

For more information on making app data breach claims, contact our advisors.