If you are interested in making a personal data breach claim, you may be wondering how a No Win No Fee data breach solicitor could help you. This guide will explore the benefits of a No Win No Fee arrangement with additional discussion on data breach compensation examples.
No Win No Fee data breach claims guide
Suffering from a personal data breach can cause psychological and financial harm that can cause significant impacts on your daily life.
In this article, we will discuss what legislation protects the personal data of UK residents, along with the criteria your claim must meet in order to be eligible.
We will also discuss how a data breach could occur and what steps you can take to protect your data after a breach.
Our advisors are available to offer further support. They can also connect you with one of our expert No Win No Fee data breach solicitors if your claim is valid. Contact us using the following details to learn more about the services we offer:
- Call us on 0333 241 2521
- Contact us through our make a claim form
- Use our live chat feature
Choose A Section
- Can I Make a No Win No Fee Data Breach Claim? – A Guide
- What Are The Benefits Of Making A No Win No Fee Claim?
- When Am I Eligible To Pursue A Data Protection Breach Claim?
- Data Protection Breach Claim – Potential Compensation Figures
- What Could I Do After A Data Breach?
- Learn More About Making A No Win No Fee Data Breach Claim
Can I Make a No Win No Fee Data Breach Claim? – A Guide
A personal data breach can affect any personal information that identifies you, including your postal address, full name, and medical records. A personal data breach can be classed as a security incident that compromises the confidentiality of your personal information. A data breach can also include an incident that affects the integrity or the availability of your personal data.
Under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA), organisations must take certain steps to protect the personal data of UK residents. This legislation states that all organisations that process your personal data must have a lawful reason for doing so. These organisations can also be known as data controllers and data processors.
Data controllers decide how and why they use your personal data. Data processors process this personal data on the controller’s behalf. If you can prove wrongful conduct on the part of the data controller or processor led to the breach, you may be eligible for data breach compensation.
You must also provide evidence that you sustained damage from the data breach in order to claim. Contact our team to learn more.
What Are The Benefits Of Making A No Win No Fee Claim?
A No Win No Fee agreement is an umbrella term that includes Conditional Fee Agreements (CFA), which are offered by our panel of solicitors. The benefits of these claims can generally include:
- No upfront or ongoing fees
- No solicitor fees if your claim is unsuccessful
- Representation for your claim from a legal expert
If your claim then succeeds, you will pay a success fee to your solicitor. This is taken from your compensation award, but there is a legal cap to help ensure you get the majority of what you receive. However, unsuccessful claimants do not pay this fee.
If you have a valid claim and you’re interested in connecting with a No Win No Fee data breach solicitor, call our team today.
When Am I Eligible To Pursue A Data Protection Breach Claim?
Both physical and digital data can be compromised in a personal data breach. These security incidents can be caused by criminal intent, such as phishing scams. But they can also occur due to human error.
Some examples of how a personal data breach could occur could be:
- An HR representative at your workplace shares your disciplinary information with multiple unauthorised personnel through verbal disclosure.
- A sexual health clinic employee fails to use the blind carbon copy (BCC) feature in a batch email that could reveal information about your sexuality.
- A data breach at work could occur if personal information, such as information about your medical conditions or trade union membership status, is sent to the wrong postal address or email address.
In order to make a No Win No Fee data breach claim, your case must meet certain criteria. These include:
- Your personal data must be a part of the breach
- The breach must occur following wrongful conduct by the organisation
- You must suffer financial or emotional harm because of the breach
See below how much compensation for a data breach you might be eligible to claim. Alternatively, contact our team of advisors to find out if you have a valid claim.
Data Protection Breach Claim – Potential Compensation Figures
The Judicial College Guidelines (JCG) is a publication that is used by legal professionals to aid them in valuing claims. It also displays compensation summaries for non-material damage, which involves any psychological injuries you sustained due to the data breach. For example, following a personal data breach, you may suffer emotional distress, depression and post-traumatic stress disorder (PTSD).
We’ve provided some examples from the JCG below. Please note that these figures aren’t exact. Your data breach compensation total will vary depending on the severity of the damage you sustained. Call our advisors today to discover a more accurate estimate for your No Win No Fee data breach claim.
| Injury | Compensation Bracket | Description |
|---|---|---|
| Psychological Damage (a) | £54,830 – £115,730 | Injuries will affect the injured person’s relationships, and reduce the ability to cope with life overall. |
| Psychological Damage (b) | £19,070 – £54,830 | Similar issues as the above, though the prognosis is more optimistic. |
| Psychological Damage (c) | £5,860 – £19,070 | Issues may still persist, though improvement of symptoms by trial reflects a good prognosis. |
| Psychological Damage (d) | £1,540 – £5,860 | The effect remaining symptoms have on sleep and daily activities are considered, as well as the length of time affected. |
| PTSD (a) | £59,860 – £100,670 | Symptoms will poorly impact all aspects of life, preventing the injured person from working. |
| PTSD (b) | £23,150 – £59,860 | While symptoms will still cause disturbances to daily life, some recovery is possible through professional help. |
| PTSD (c) | £8,180 – £23,150 | A large recovery can be achieved with only non-disabling symptoms that remain. |
| PTSD (d) | £3,950 – £8,180 | Only minor symptoms persist following a virtually full recovery within 1-2 years. |
Other Damages You Could Claim For After A Data Breach
Alongside non-material damage, you can also seek compensation for material damage, which compensates for the financial losses you suffer due to the data breach. Financial losses may include money being withdrawn from your bank account and negative effects on your credit score.
Contact our team today to find out how a No Win No Fee data breach solicitor could help you claim compensation.
What Could I Do After A Data Breach?
If a data breach occurs that puts your rights or freedoms at risk, you should be informed immediately by the organisation. They should also inform the ICO of the breach within 72 hours of discovering the security incident. In some circumstances, you may learn of the data breach yourself. If this is the case, you should contact the organisation and raise your concerns.
You can also make a complaint to the ICO. This must be done within three months of your last contact with the data controller so that the ICO are able to investigate if they decide to take action.
It is important to note that you cannot claim compensation through the ICO. Our advisors could connect you with one of our expert solicitors to support you with your No Win No Fee data breach claim. See below how to reach us to start the claims process.
Contact Us To See If You Can Make A No Win No Fee Data Breach Claim
Our advisors are available to answer any further questions you may have about data protection breach claims and Conditional Fee Agreements when you get in touch today:
- Call 0333 241 2521
- Use the live chat feature
- Make a claim through our website
Learn More About Making A No Win No Fee Data Breach Claim
For more information on data breach claims, see the following resources.
Alternatively, you may be interested in our other guides:
To learn more about making a No Win No Fee data breach claim with one of our expert solicitors, get in touch today.
Writer Jess Aloe
Publisher Cat Heart
