In this article, we will be looking at how you can find specialised and relevant data breach solicitors who will help give you the best chance of receiving compensation for your data breach claim. Even though these types of claims don’t always depend on you using a solicitor, we will be explaining the benefits of using the services of a data breach solicitor to expedite your claim. Keep reading to find all the information you need to find the right data breach solicitors for you.
Why do you need a data breach solicitor?
Lawyers and solicitors often specialise in specific areas of law to help them provide a high-quality service that can be tailor-made to your requirements. A data breach solicitor for example, has in-depth knowledge and expertise in that field and section of the law, meaning their skills can give you an advantage in your claim for compensation following a data breach.
What data breaches can you claim for?
Third parties that hold and store any of your personal data are either a data controller or a data processor. Personal data can be defined as information that can be used to identify you. Examples include your full name, address, date of birth, email address and phone number. Additionally, they could also hold sensitive financial data or even medical data.
That is why data controllers and processors are required to operate under strict regulations. In the UK, their legal obligations for holding and managing personal data are outlined in the General Data Protection Regulation (GDPR) and the Data Protection Act 2018.
A personal data breach occurs when a breach in the security of a company or organisation has resulted in the loss, alteration, destruction, disclosure of, or unauthorised access to private information. Breaches can happen intentionally or accidentally. Claims for data breaches happen when a controller or processor mishandles your information by not following the terms of the relevant laws and a data breach results.
Some examples of incidents where you might be able to claim include a credit card company emailing your bank details to the wrong person or an organisation sending your information to the incorrect address. However, keep in mind that they would need to have demonstrated positive wrongful conduct in order for you to successfully pursue compensation.
For instance, if a company sent your personal data to the wrong address because you had not informed them that you had moved, you might not be able to claim because it was ultimately your mistake that led to this incident happening. Also, for your claim to be successful, you would need to show that you had suffered harm due to your personal data being breached, whether that is financial or mental harm.
How many people are affected by data breaches?
The Department for Digital, Culture, Media, and Sport provides data breach statistics for the UK, which are generated from the results of annual cybersecurity surveys. The survey is designed to monitor data processors and controllers to highlight possible issues surrounding GDPR. The data suggests ways companies can improve by examining security patterns and trends.
The survey looks at the percentage of businesses where directors, trustees, or other senior managers view cybersecurity as a key priority. In 2016, this percentage was 69%. In 2021, the figure increased to 77%, but this is only part of the story as this number is lower than in 2020. Also, this means that more than 20% of senior management in businesses feel that cybersecurity is not a high priority.
Whilst this does not show how many data breach claims were made because of this, it does suggest that there might still be improvements that can be made to cybersecurity and the way that data processors and controllers perceive it in their companies.
What should you look for when choosing data breach solicitors?
A lot of factors can play a role in determining the data breach solicitors you decide to hire. If you are selecting legal representation, one of the most important things is that you are completely comfortable and satisfied with your decision. When you are pursuing data breach compensation, you want to feel confident that your solicitor is knowledgeable and experienced enough to work on your case.
Ask about their experience in handling data breach claims
You will likely want more detailed information about how to choose the right solicitor. Important factors to enquire about include:
- How much experience the solicitor has
- The type of claims they specialise in
- How often their work leads to clients being awarded compensation
- The fees they charge, for example it might be more beneficial and suitable for you to work with data breach solicitors that operate on a No Win, No Fee basis
How much do data breach solicitors charge?
The advantages of using data breach solicitors that work under a No Win, No Fee agreement are:
- There won’t be any hidden fees or costs, all possible fees will be explained before you decide to use their services.
- Only paying the solicitor’s fees after the claim has ended, you will only need to pay this if your claim was successful. This is referred to as a ‘success fee’.
- They can only take a small, legally capped amount of your compensation to cover the cost of their work.
In addition, the benefit of using data protection breach solicitors that work in this way, means you won’t need to pay the success fee upfront. This is why it is often viewed to be more financially beneficial to you to use the services of a solicitor on the terms of No Win, No Fee.
Calculating GDPR and data breach claims
Depending on your individual case and the circumstances surrounding it, you could claim up to two types of damages when making these claims: material damages (financial) and non-material damages (psychological and emotional). A case against Google in 2015 led to the decision that you don’t have to have suffered material damages for you to claim non-material damages. You could claim for either or both.
The amount of material damages you can claim for, in part, depends on the value of financial losses that you can prove. This will likely involve providing receipts, invoices, and bank statements, to name a few examples. However, your chosen solicitor will be able to offer you greater insight into what you may be able to get for psychological damage. Payouts can be analysed and compared to the extent of the injury that has been caused in the breach.
Contact us today
If you still have questions or queries about finding the best data breach solicitors for you, contact our team today. We can put you in touch with highly experienced and specialised data breach solicitors who will be able to offer advice and let you know if you have a valid data breach claim for compensation. They can answer your queries without any obligation and will provide you with full support to try and get the best outcome so you can get the compensation you deserve.
