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What is a GDPR breach?

GDPR stands for General Data Protection Regulation. This regulation involves a set of rules, that if broken or breached, makes the breacher liable for prosecution. These regulations were in effect from May 2018 and were set in place in an effort to harmonise the way different European countries handle data breaches.

This also entails raising the awareness of potential victims of data breaches about their rights. Who’s a potential victim? Literally, everybody who shares their data with a business or organisation.

 

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Can I make a GDPR breach claim?

The damage that has been inflicted will determine the amount of the claim, meaning, you’ll get compensation based on how much you’ve suffered. This suffering or loss could be merely financial, but it also could be emotional.

That’s why it’s critical to get in touch with experts to determine how strong your case is. Also, to determine from which perspective this case should be tackled to secure a good compensation amount win

Here, at Data Breach Claims  we’ve got you covered on that. We’re a referral company that specialises in getting you in touch with exactly the expert you need. Different cases require different approaches, so you need people with specific expertise in data breach claims.

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What Happens if a Company Breaches GDPR?

When something like that happens, it has the capacity to tarnish the image of the company. That’s because the word gets out quickly when it comes to data breaches. That’s especially the case if a large number of users has been affected.
A recent example is the infamous 2019 Dubsmash data breach, in which 163 million users’ data was stolen and sold on the dark web. In this case, the website was hacked, but there are other incidents wherein the business owner himself is the culprit. 

That’s why a lot of companies try to settle the case out of court, so as to avoid bad publicity. That’ll happen as long as you have a strong case, of course. But how to know that?

What Are GDPR Breach Claims?

These are the claims you file when you believe your data has been mishandled in some way. In this case, you could end up with sizeable GDPR compensation.

What’s the Fine for GDPR Breach?

Courts haven’t reached a consensus yet about fixed amounts of compensation. There are many factors that go into determining the compensation. The only clue we have about the exact amount of compensations awarded is previous winning claims. 

One of the factors the amount will depend on is how sensitive the information that has been breached. If it isn’t that sensitive, and you haven’t endured a financial loss, the compensation may be up to £2,000.

On the other hand, if it’s sensitive information that has been breached, the compensation will be up to £8,000 and sometimes greater, especially if it concerns particularly sensitive information like your medical data. However, these amounts are awarded if the breach wasn’t intentional, or haven’t caused substantial financial loss.

So, if the damage you’ve sustained is more severe, the amounts can sky-rocket to £30,000 and £50,000. Now, let’s give you a glimpse of what the first steps in your GDPR compensation pursuit might look like

Frequently asked questions & Useful InfoQuestions we are frequently asked by our users

Who Are Data Subjects?

These potential victims are referred to in the regulation text as “data subjects.” A data subject can be one of two things: either a site visitor or a business customer. Because these two have their data processed on a regular basis.

Before we get to GDPR claims and GDPR breach compensation, let’s get you acquainted with some key definitions first.

Key Definitions to Help You Better Understand Your Situation

First off, what falls under the umbrella of “personal data?” Well, this could include more direct information that identifies you, such as:

  • Name
  • Address
  • Location information
  • Biometric data

They could also include some indirect information, like:

  • Political opinions
  • Religious beliefs
  • Web cookies
  • Pseudonyms

As for what does data processing include, it’s the multitude of actions that can be performed on your data. This includes collecting, recording, storing, organising, and even erasing. This processing could be automated or manual, and both are liable for prosecution.

Regarding the data controller, it’s the business or website that has your data. The data processor could be the same as the controller. Alternatively, it could be a third party that processes the data on behalf of the controller.

What Are the Key GDPR Principles Companies Have to Abide By?

Companies have to fulfill certain principles in handling your data. First, there’s what’s known as purpose limitation. Meaning, they have to specify the purposes for which they obtain your data, and they can’t use it for another purpose without your consent.

Even if you gave them your consent initially, you’re entitled to withdraw it whenever you see fit. You can also demand the company to erase your data, which is called the right to erasure. It’s also commonly called “the right to be forgotten.”

They also have to reduce the amount of data they require to the minimum, which is called data minimisation. Other principles include:

  • Accuracy; for instance, your data has to be kept up to date
  • Transparency and fairness
  • Storage limitation, meaning they don’t get to keep your data for longer than necessary
  • Confidentiality and integrity

Now that you’re acquainted with the key principles and definitions, let’s dive deeper!

Reporting a breach of GDPR To the ICO

Data controllers have to report a breach to the Information Commissioner’s Office within 72 hours of becoming aware of the breach. Any delays should be with valid justifications. The data controller’s failure to notify the person who suffered a breach and the ICO in a timely manner plays in favour of your claim. 

The ICO can fine an organisation but your compensation would not be taken from the fine but would need to come about as a result of legal action. A fine by the ICO on an organisation will off course bolster your chances of getting compensation.

There is a timeframe regarding data breach claims. Eligibility for filing a claim in court extends for only 6 years, and no longer than that.

Final Words

Identity theft and data breaches have become the bane of people in the modern world. The processing of your data by companies and websites is commonplace as part of regular transactions between the individual and organisations. However, this does come at a cost.

Violations of your privacy may occur. A breach may be done by a hacker or by the organisation you entrusted your data with. Either way, when you suffer any damage from that, financial or emotional, you could file a claim for compensation.

Here, Data Breach Claims, comes into play. We’re here for you and will get you all the professional help you need to get you the compensation you deserve.

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