Advice For Making A Retail Data Breach Claim

This guide will look at when you could be eligible to claim compensation after a retail data breach. In addition, we look at the steps you can take if your personal data was compromised including who you can report the breach to and the evidence you can gather to support your potential claim.

retail data breach

Advice For Making A Retail Data Breach Claim

Additionally, we discuss the legislation that protects personal data, what a data breach consists of, how one could occur and the impact it could have.

Furthermore, we will discuss the compensation you could be awarded following a successful claim and how it’s calculated.

If you have any other questions regarding whether you could claim following a data protection breach, get in touch with an advisor. They can provide advice for free 24/7. To reach them you can:

Browse Our Guide

  1. When Are You Eligible To Claim For A Retail Data Breach?
  2. How Could A Retail Data Breach Happen?
  3. Evidence That Can Help In Data Breach Claims
  4. What Data Breach Compensation Amount Could You Receive?
  5. Use Data Breach Solicitors On A No Win No Fee Basis
  6. Learn More About Claiming Compensation For A Retail Data Breach

When Are You Eligible To Claim For A Retail Data Breach?

You may be eligible to start a claim after a retail data breach if you fulfil three essential criteria:

  • A data controller or data processor failed to adhere to data protection legislation.
  • As a result of their wrongful conduct, your personal data was compromised in a breach.
  • You suffered financial loss or psychological harm as a consequence.

Personal data is information that can be used to identify you, such as your name, email address, credit or debit card details or postal address. A breach of this can mean the confidentiality, integrity and availability of that data is compromised in a security incident.

Data controllers and data processors must adhere to The Data Protection Act 2018 (DPA) and UK General Data Protection Regulation (UK GDPR) which set out their responsibilities for protecting your personal data. Each has a different role with the controller setting the purpose for processing and a processor acting on their behalf.

To find out whether you could seek data breach compensation, please get in touch using the number above.

How Could A Retail Data Breach Happen?

A retail data breach could happen in the following ways:

  • A receipt or bill, containing part of your debit card number for a purchase is sent to the wrong email address.
  • A retailer fails to ensure their website has adequate cyber security measures in place leading to your bank details being compromised.

You could be impacted by a personal data breach in several ways including psychologically or financially. For example, if your bank details are affected, you could have money stolen from your account or loans taken out in your name. As a result, this could have an affect on your credit score. You could also experience stress, anxiety or distress as a result of the breach.

If you succeed in seeking compensation, you could receive a settlement that addresses the impact you have experienced. For more information on whether you could be eligible to claim, get in touch using the number above.

Is There A Time Limit When Claiming For A Data Breach Payout?

Normally, a 6-year time limit applies to data breach claims. However, if the claim is against a public body, this reduces to 1 year.

Evidence That Can Help In Data Breach Claims

You can take the following steps to collect evidence:

  • Collect all correspondence relating to the data breach such as emails and letters from the organisation.
  • Have any psychological injuries assessed by a medical professional and request a copy of the medical report.
  • Keep all evidence of material loss, like receipts and financial statements.

Evidence can help to support your potential retail data breach claim. If you are unsure on the steps you can take, you could seek help from a solicitor. They can help you build and present your case as well as provide guidance on the different stages of the claims process.

An advisor can assess your eligibility to claim if you get in touch today. If they find you have a valid case, they could connect you with one of our panel of solicitors.

What Data Breach Compensation Amount Could You Receive?

Non-material damage is the term used to describe the psychological harm caused by a data breach. This can include stress, distress, depression and anxiety.

In order to apply a value to your emotional injuries, legal professionals can consult a document called the Judicial College Guidelines. It lists different psychological injuries and a corresponding figure. We have included some of these guideline figures from this document in the table below. Please only use them as a guide.

Type of HarmAward Amount – GuidelineNotes
Severe General Psychiatric Harm£54,830 to £115,730Significant problems affect the person’s work, education and relationships. The prognosis is of a very poor nature.
Moderately Severe General Psychiatric Harm£19,070 to £54,830There are still significant problems affecting different areas of the person’s life but the prognosis will have improved.
Moderate General Psychiatric Harm£5,860 to £19,070Significant improvements of problems affecting different aspects of the person’s life and a good prognosis.
Less Severe General Psychiatric Harm£1,540 to £5,860The length of time the person is affected and the extent to which their sleep and daily activities are impacted will be considered.
Severe Anxiety Disorder £59,860 to £100,670There is a permanent and negative effect on all aspects of the person’s life. They are prevented from functioning at the same level as before the trauma.
Moderately Severe Anxiety Disorder£23,150 to £59,860There is likely to be a significant disability for the foreseeable future but the person will have a better prognosis after receiving professional help.
Moderate Anxiety Disorder£8,180 to £23,150The person has made a significant recovery and the persisting effects won’t affect them in a major way.
Less Severe Anxiety Disorder£3,950 to £8,180Virtually a full recovery within a 2 year period and any remaining issues beyond this period will be minor.

Material Damage In A Data Breach Compensation Claim

You may also be eligible to claim compensation for material damage. This refers to the financial losses caused by a data breach. It could include such issues as fraudulent purchases made on your credit card or debit card. It could also include the negative impact caused to your credit score.

Evidence such as receipts, bank statements and documented proof of financial loss is needed to support this.

To learn more about data breach compensation amounts that could be awarded to successful claimants, please speak with us at the number above.

Use Data Breach Solicitors On A No Win No Fee Basis

Our advisors can offer a free consultation about their retail data breach claim. If the case is strong and meets the eligibility criteria, we can connect you with one of our panel solicitors who offer No Win No Fee agreements. They offer a version of these contracts called a Conditional Fee Agreement (CFA) which typically means that:

  • There are no fees needed upfront for their services
  • Nothing needs to be paid for their services whilst working on your claim

Also, a successful outcome only requires a small and legally restricted amount to be deducted as a success fee from your compensation. Claims that do not succeed mean you will not be asked to pay this fee.

In addition to this, our panel of data breach solicitors can provide detailed and regular updates as to the status of your claim.

If you would like to learn more about working with a solicitor who offers this type of arrangement, please get in touch. You can also discuss the eligibility requirements in more detail as well as the compensation you could be owed. For more information, get in touch by:

Learn More About Claiming Compensation For A Retail Data Breach

Below, we have provided more of our data breach guides that you may find helpful:

Additionally, we have provided some external resources that could provide further information:

Learn About Different Types of Data Breaches and How to Claim Compensation

 

Thank you for reading this guide on when you could be eligible to make a retail data breach claim. If you have any other questions, please don’t hesitate to get in touch with our advisors using the details provided above.

Writer Jeff Wallowing

Editor Meg Morgan