Have you been contacted by an organisation to say your personal data was involved in a data breach? Perhaps you have been contacted by someone to say they have received your information. This can be an indication that your personal data has been compromised and we explain the steps you can take to seek compensation.
In the sections below we explain how to check if you have been impacted. There are time limits for data breach claims and we discuss these, as well as looking at whether you will need to go to court to pursue your compensation.
We look at the financial and medical evidence that may support your compensation claim and how a No Win No Fee data breach solicitor can help you present the most comprehensive claim.
What To Do If Impacted By A Data Breach
Organisations and companies need to inform data subjects of a personal data breach if it affects their rights and freedoms. They should do this through a letter of notification. They also need to report notifiable data breaches to the Information Commissioner’s Office, the independent body for enforcing data protection rights. In addition, there are other actions you can take after a data breach such as:
- If you heard or read about a data breach that could involve your information, enquire about your suspicions by directly contacting the organisation responsible. Take care not to engage further with an organisation you do not fully trust as this could be part of the scam.
- Clarify exactly what information about you may have been breached.
- Stop debit and credit cards that could be affected and discuss concerns with your bank.
- Change and strengthen passwords.
Check If You Can Make A Data Breach Compensation Claim
In order to have valid personal data breach claim the below circumstances must be true:
- You can show that the organisation did not comply with their data protection obligations as outlined in the Data Protection Act 2018 (DPA) and UK General Data Protection Regulations (UK GDPR).
- This allowed a breach of your personal information such as your contact details, credit or debit card data or your health information.
- This directly caused you financial damage, emotional harm, or both.
With evidence that accidental or deliberate actions on the part of the data controller or processor caused you to suffer in some way, an eligible claim for compensation may apply.
Is There A Time Limit For Data Breach Claims?
There is a general 6-year time limit for starting data breach claims. However exceptions can apply. To find out how long you have left to initiate a data breach claim for compensation call our team today.
Do I Have to Go to Court in the Case of a Data Breach?
In most instances, it might not be necessary to go to court. The organisation at fault may offer you compensation for the anguish and financial harm caused by the data breach. Before you accept their offer, it can be wise to consult with a data breach solicitor. They could ensure you settle for the correct amount.
How Much Will the Court Award In Cases of a Data Breach
The amount of compensation awarded in a successful data breach claim depends on how serious and far-reaching the effects of the breach were to you. Therefore, to fully assess the financial and psychological harm that you may have suffered it can be very beneficial to use a data breach solicitor as your legal representative. The input of a skilled solicitor can ensure that all areas of harm are acknowledged.
How Can I Prove My Personal Information Has Been Compromised By A Data Breach?
Should an organisation suffer a data breach, then, if this affects your rights and freedoms they must inform you of this without undue delay with a letter of notification. This can be used to show that your personal data has been compromised. In the same breath, they must also let the Information Commissioner’s Office ICO know: the independent body for upholding data protection rights. If the ICO decide to investigate then their findings could be used in your claim.
Claim Data Breach Compensation Today On A No Win No Fee Basis
If you would like professional guidance with your data breach claim, get in touch. We can connect eligible claimants to an expert solicitor in this field who offers a type of No Win No Fee contract called a Conditional Fee Agreement (CFA).When a solicitor works under a CFA no upfront fees are required, or any fees needed to cover the solicitor’s work as the case progresses. If the claim failed then no solicitors fees are needed for the work completed on the case. If the data breach claim is successful then the solicitor working under a CFA can take a percentage from the compensation at a legally capped rate to ensure you receive the majority of your compensation.
