Retail and online shopping breaches can cause real damage to the consumer. If the retail or online commerce company does not apply the necessary steps to protect personal data, this can result in a personal data breach. This, in turn, has the potential to cause both financial and psychological harm.
Retail and online shopping breaches claims guide
Our guide aims to explain data breach claims, and how legislation such as the Data Protection Act 2018 (DPA)and UK General Data Protection Regulation (UK GDPR) work together to protect the data protection rights of UK residents.
An independent body called the Information Commission Office (ICO) enforces the data protection rights of the public. They can take action against any organisation that fails to properly apply these laws.
To learn more about starting a claim after suffering a retail or online shopping data breach, get in touch by:
- Calling our advisors for free on 0333 241 2521
- Make a claim online
- Use the live chat feature
Choose A Section
- Retail And Online Shopping Breaches – A Guide
- What Are Retail And Online Shopping Breaches?
- What Can I Do After Suffering From A Data Breach?
- Potential Compensation Payouts For Retail And Online Shopping Breaches
- What Are The Benefits Of Using No Win No Fee Data Breach Solicitors?
- Read More About Making A Data Protection Breach Claim
Retail And Online Shopping Breaches – A Guide
Personal data itself is defined as information that can be used in isolation or in conjunction with other details to identify you. Our name, home address, and email are standard details that we often need to share for online purchases, along with certain financial information, such as credit and debit card details.
Data controllers and data processors are the two entities responsible for your personal data under the legislation mentioned above. A data controller is an organisation that chooses how your data is used, and why. Then, on the controller’s instructions, the processor processes this data.
Personal data breaches occur when your personal data is involved in a security incident. This incident may affect the security, availability, or integrity of your data. However, the UK GDPR states that in order to claim compensation for a breach, the breach must meet certain criteria. We will explain this criteria later on in this article.
To start your claim for retail and online shopping breaches of your personal data, contact our team of advisors today.
What Are Retail And Online Shopping Breaches?
There are many ways that a retail and online shopping data breach can occur. However, not all personal data breaches will form a valid claim. To do so, they must meet the criteria set out by the UK GDPR. This criteria includes:
- The breach is a result of the data controller or processor’s failings
- You experience harm due to the breach, financially or psychologically
- The breach involves your personal data
With this in mind, some examples of how wrongful conduct could lead to a personal data breach include:
- Verbal disclosure: An employee reads personal data from your files aloud over the phone to an unauthorised party without conducting the proper security checks
- Cyberattacks: Not all cyberattacks can be claimed for her. However, if the retailer or e-commerce store does not have adequate cybersecurity systems in this place, this could lead to a cyberattack.
- Misdelivery of data: An employee may send an email with a receipt that contains personal data to the wrong email address.
Speak to our advisors if your well-being or finances were damaged as a result of positive wrongful conduct on the part of the data controller or processor responsible for your information.
What Can I Do After Suffering From A Data Breach?
However the positive wrongful conduct occurred, if it left you with financial and psychological injury it may be possible to start a claim for compensation against the retailer at fault. Below is some information that it’s useful to know as you consider starting your claim:
- Firstly, the retailer at fault has a legal obligation to report serious breaches to the ICO within 72 hours. Furthermore, they should inform impacted data subjects as soon as possible.
- You can report the breach to the retailer. They might provide more information.
- If the retailer does not reply, or if their response is unsatisfactory, you can make a complaint to the ICO. Do this within three months of your last meaningful correspondence with the ICO.
- The ICO does not offer compensation, nor do they handle claims. However, they can investigate the breach, and may impose a fine on the responsible parties.
Finally, you may wish to seek legal advice when claiming for a personal data breach. Our team of advisors are available to provide you with free legal advice and more information on how to claim for retail and online shopping breaches.
Potential Compensation Payouts For Retail And Online Shopping Breaches
Non-material damage is the head of compensation that aims to address the psychological impacts of the breach. For example, a personal data breach can cause a variety of mental health injuries, such as distress, depression, or post-traumatic stress disorder (PTSD).
| Type of Injury To Mental Wellbeing | Description | Compensation Bracket |
|---|---|---|
| Psychological & Psychiatric Damage | Pronounced issues in coping in the areas of work and personal relationships. A poor future prognosis. | (a) Severe – £54,830 to £115,730 |
| Psychological & Psychiatric Damage | Despite similar significant mental health issues, a better prognosis is present than the bracket above. | (b) Moderately Severe -£19,070 to £54,830 |
| Psychological & Psychiatric Damage | By the time the case may need to be heard in court, there will have been an improvement in symptoms. | (c) Moderate – £5,860 to £19,070 |
| Psychological & Psychiatric Damage | Impact on daily activities or sleep is considered, as is the length of time affected | (d) Less Severe – £1,540 to £5,860 |
| Post-Traumatic Stress Disorder (PTSD) | Acute and all-encompassing symptoms prevent any kind of function or work at the pre-trauma level. | (a) Severe – £59,860 to £100,670 |
| PTSD | Similar severity as above but a better prognosis after professional help. | (b) Moderately Severe -£23,150 to £59,860 |
| PTSD | Overall a large recovery with non-disabling issues persisting beyond this period. | (c) Moderate – 8,180 to £23,150 |
| PTSD | Virtually complete recovery within a 1 – 2 year period and only minor issues persisting after this period. | (d) Less Severe – £3,950 to £8,180 |
The figures illustrated above are taken from the Judicial College Guidelines (JCG). This is a document that helps lawyers, solicitors and other professionals value how much claims are worth. Please note that these are guideline amounts, relating to the non-material damage awards. The actual amount you could receive should your claim succeed may vary.
Retail and Online Shopping Breaches – Can I Also Claim For Material Damage?
The second head of compensation that could be available to you is material damage. This head aims to compensate you for the financial losses you experience as a result of the breach. For example, a breach of your credit card details may lead to significant financial losses and damage to your credit score.
To learn more about making a UK GDPR data breach claim, get in touch with our team. They can provide free legal advice surrounding retail and online shopping breaches.
What Are The Benefits Of Using No Win No Fee Data Breach Solicitors?
One of our No Win No Fee data breach solicitors could help you through the retail and online shopping breaches claiming process if your case meets the criteria set out by the UK GDPR. Our expert solicitors offer legal representation through a Conditional Fee Agreement (CFA). Und.r an agreement such as this, you generally do not need to pay your solicitor any upfront fees or ongoing costs.
The only fee your solicitor will take is a success fee in the event that your claim succeeds, and this is taken as a legally capped percentage. If your claim does not succeed, this fee is not paid.
To find out how one of our personal data breach claim claim solicitors could help you, get in touch with our advisors today.
Read More About Making A Data Protection Breach Claim
Our advisors can asses your claim, and can tell you if your claim is valid. If so, they may connect you with one of our exert data breach solicitors to start your claim. To learn more or to start your claims for retail and online shopping breaches today, get in touch:
- Calling our advisors for free on 0333 241 2521
- Make a claim online
- Use the live chat feature
Or, for more helpful resources:
You could get more information by reading our other guides:
To learn more about retail and online shopping breaches, get in touch with our team today.
Writer Jeff Wallowing
Publisher Cat Heart
