By Stephen Taylor. Last Updated 13th September 2024. In this guide, we look at how a data breach compensation calculator could help you estimate how much compensation you could receive for harm caused by a data breach. Personal data can be used to identify you; because of this, the consequences of a data breach can be serious and long-lasting. They can affect your finances and your mental health.
If your information has been exposed in a data breach, you may want to pursue a claim for compensation. To do so, you’d need to show that the breach happened because of the failings of the organisation that was supposed to keep it safe.
In this article, we’ll explain who is eligible to claim financial compensation for a data breach, what you can claim, and how much a data breach claim could be worth in the UK.
Our advisors can provide you with free legal advice and help to start your data breach claim. Get in touch today by:
- Calling on 0800 408 7826
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Choose A Section
- Data Breach Compensation Calculator
- What Is A Data Breach And Can I Make A Data Breach Claim?
- How Do Data Breaches Happen?
- What Are The Potential Impacts Of A Data Breach?
- How Can Our Data Breach Compensation Calculator Help You?
- Data Protection Breach Compensation – Claim With A No Win No Fee Solicitor
- Learn More About Using Our Data Breach Compensation Calculator
Data Breach Compensation Calculator
When making a claim for a personal data breach, you may be wondering, ‘How much is the average compensation for a breach of the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR)?’
When claiming compensation for a data breach of your personal information, compensation could be awarded for your non-material damage. Non-material damage means any of the psychological injuries you have suffered due to your personal data being compromised.
To help you gain an idea of how much you could receive for your non-material damage, we have created the following table. The figures listed have been taken from the Judicial College Guidelines (JCG). We have used the amounts provided in the JCG as it lists compensation brackets for various mental and physical injuries. It is also used by many legal professionals to help them value claims. Please note, the top figure in our table is not from this document.
It is important to note that when making a claim for a personal data breach, the compensation amount you could receive could differ from the figures listed below. This is because how much compensation you could receive will be affected by the specific factors of your claim.
| Injury | Severity | Notes | Guideline Amount |
|---|---|---|---|
| Multiple types of serious harm plus material damage | Serious | Compensation for suffering serious non-material damage plus material damage, such as loss of earnings. | Up to £250,000+ |
| Psychiatric Damage | Severe (a) | Severe effects on the ability to cope with work, life, education, and relationships. The prognosis will also be very poor. | £66,920 to £141,240 |
| Moderately severe (b) | A more optimistic prognosis, however the person is still likely to significantly suffer with various aspects of daily life. | £23,270 to £66,920 | |
| Moderate (c) | Despite suffering with various issue, the person will have made considerable improvements. | £7,150 to £23,270 | |
| Less severe (d) | Consideration given to the period of disability and how various activities were affected, such as sleep. | £1,880 to £7,150 | |
| Post-Traumatic Stress Disorder (PTSD) | Severe (a) | The person will be unable to function as they did pre-trauma due to permanent issues. | £73,050 to £122,850 |
| Moderately severe (b) | A better prognosis with room for some recovery with help from a professional. However, they are still likely to suffer for the foreseeable future. | £28,250 to £73,050 | |
| Moderate (c) | A significant recovery will have been made and any persisting symptoms will not be grossly disabling. | £9,980 to £28,250 | |
| Less severe (d) | Full recovery within two years, with only minor symptoms persisting. | £4,820 to £9,980 |
Additionally, you must ensure that your claim is made within the relevant time limits. You will typically have 6 years to start your claim. This is reduced to one year if your claim is against a public body.
Contact our advisors today if you have any questions about starting a personal data breach claim.
What Else Can I Claim For In A Data Breach Claim?
Under a data breach claim, you can claim for material or non-material damage. Material damages describes the financial losses you might suffer following a breach– for example, financial losses due to identity theft, or damage to your credit score.
Non-material damages cover the physical damage you might experience as a result of a data breach. For example, if you are a victim of domestic assault and a data breach exposes your current address, this could cause extreme emotional distress if you fear that your abuser is able to find you.
It used to be the case that you could only claim for the mental harm caused by a breach if you also lost out on money. However, following the decision in the Court of Appeal case Vidal-Hall and Others V Google Inc. 2015, you no longer need to have suffered financially in order to claim for psychological injuries following a data breach.
To find out if you can get compensation for a data breach, contact our advisors today. They can advise you on how to use our data breach compensation calculator.
What Is A Data Breach And Can I Make A Data Breach Claim?
Personal data is data that can identify you. Your personal data is protected by the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA). These legislations outline what rules companies must follow in order to protect your personal data while it is being handled, stored, collected or processed in any other way.
A data controller determines why and how your personal data is being processed. On the other hand, a data processor actually processes the data. Companies can be both the controller and processor, or they may opt to get an external party to be the processor.
As such, if data controllers and processors fail to follow their responsibilities outlined in the UK GRPR and the DPA, then this is wrongful conduct. In some cases, wrongful conduct can lead to a personal data breach.
Article 4 of the UK GDPR defines a personal data breach as a breach of security that results in the unlawful or accidental alteration, destruction, loss, access to, or unauthorised disclosure of one’s personal data.
Additionally, Article 82 of the UK GDPR provides the eligibility criteria for data breach claims:
- A data controller or processor failed to follow their responsibilities outlined in the UK GDPR and the DPA.
- Your personal data was breached because of this wrongful conduct.
- Because of the personal data breach, you suffered financial losses and/or emotional damage.
A data breach compensation calculator can help you understand how a data breach compensation amount can be calculated. To learn more about how to use this, and to confirm the eligibility of your claim, please contact us today and have a chat with our team.
Data Breach Claims – What Evidence Do I Need?
Any legal case needs good evidence to help prove it and data breach claims are no exception. However, given their unique nature, there are different types of evidence that you may need in order to succeed. Let’s take a look:
- Firstly, one of the key bits of evidence you need is correspondence from the defendant confirming that a data breach has happened and that you’ve been affected. This letter should also state what data is involved, such as your email address, home address, medical history or financial information. It may also state what the defendant is doing to secure the information.
- If you haven’t received any correspondence from the defendant but suspect you’ve been impacted, you can also write to them and ask them to confirm.
- If the defendant fails to correspond at all, you can write to the Information Commissioner’s Office (ICO) and ask them to investigate.
- If you’ve suffered distress or anxiety because of the data breach and you’ve had to go to your local GP or hospital for treatment to cope, any letters or entries from your medical records will serve as useful evidence.
- If your finances have been impacted by a data breach, you can also provide bank statements and credit reports that show this.
To learn more about data breach claims, the process involved and how to gather evidence to prove them, please talk to us today.
How Do Data Breaches Happen?
Data breaches can happen in a variety of ways, but not all instances of data breaches can form the basis of a successful claim. To claim for a data breach, the breach must have occurred due to wrongful conduct on the part of the data controller or processor.
Some examples of how data breaches can occur include:
- Hacking: Criminals can use ransomware or other malware to steal personal data from online networks. If a data processor has substandard online security and there is a data breach as a result, you may be able to make a claim.
- Loss of files: An example of this could be if a file containing photocopies of your passport or bank details is stolen or lost, for example, if an HR employee loses your file on public transport.
- Data sent to the wrong recipient: An email or letter containing your personal data could be sent to someone who doesn’t have the authority to access this information.
- Verbal disclosure: This can happen when someone verbally exposes personal data. For example, if a receptionist in a GP surgery reads your personal data out loud from a computer screen, this would be considered a breach.
To find out if you have a valid data breach compensation claim, get in touch with our advisers today. If you do have a strong claim, they could connect you with a No Win No Fee solicitor from our panel.
What Are The Potential Impacts Of A Data Breach?
Due to the personal and often sensitive nature of personal data, those who have their information exposed can feel the impacts of the breach both mentally and financially.
For example, if a criminal steals your bank details, this can have a negative impact on your credit score. Or, if you are a victim of stalking and a data breach exposes your address, this could cause considerable anxiety, Post Traumatic Stress Disorder (PTSD), and depression.
A data breach of any kind can leave you to worry that your personal data is not secure, and could mean that you’re afraid the breach will happen again.
Contact our team of advisors today to find out how our data breach compensation calculator can help you.
How Can Our Data Breach Compensation Calculator Help You?
As we mentioned earlier, it can be difficult to determine the average data breach compensation amount in the UK. This is because legal professionals determine compensation amounts on a case-by-case basis, as each claim is unique.
This is where a data breach compensation calculator can be useful. With our calculator, you can input the specific circumstances surrounding your claim. This includes the severity of any emotional pain and suffering, as well as any loss of earnings you’ve experienced because of the breach. Your personal calculation is then sent straight to your email address, so you can find out exactly how much you could potentially claim.
Following this, our advisors are on hand to discuss your claim and your valuation with you. If your claim is valid, they could potentially put you in contact with our panel of expert No Win No Fee solicitors.
What Should I Do After A Data Breach?
If you have suffered harm due to a data breach, there are some steps you can take to ensure your claim is as strong as possible. If you choose to hire a No Win No Fee solicitor, they can help you with this process.
Some examples of these steps include:
- Making a complaint: As soon as you find out that your information has been exposed in a data breach, make a complaint to the organisation at fault.
- Contact the ICO: You can also raise a complaint to the ICO. They may then decide to conduct an official investigation; however, they can’t award you compensation.
- Gather evidence: It can be helpful to gather evidence of the harm done as a result of the breach if you intend to make a claim. For example, medical records detailing the psychological harm you might experience, or bank statements showing unauthorised access to funds, could be used to show the impact the breach has had on you.
- Get legal advice: While hiring legal representation is not mandatory, the expert legal knowledge and guidance of a No Win No Fee solicitor can be very helpful during the claims process.
You can use our data breach compensation calculator to see how much you could be owed in a claim. You can also contact our advisors today to find out how our panel of No Win No Fee solicitors can help you through your data breach compensation claim.
Data Protection Breach Compensation – Claim With A No Win No Fee Solicitor
If you speak to our advisors about claiming a data breach compensation amount, and our team determines you have a strong case, then they could connect you with our panel of No Win No Fee solicitors. A solicitor from our panel could offer their support under a Conditional Fee Agreement (CFA). Making a data breach claim under a CFA can provide the following benefits:
- You won’t be asked by your solicitor to pay an upfront fee to begin working on your case. You also won’t need to pay for your solicitor’s work while the claim is still being processed.
- You usually won’t be required to pay for your solicitor’s services if your claim is not successful.
- If your claim does succeed, they deduct a success fee from the compensation awarded to you that is legally capped. This cap ensures you get to keep the majority of your compensation.
Contact us to learn more about different aspects of making a data breach compensation claim, including working with a No Win No Fee solicitor or whether you can use a data breach compensation calculator to determine the value of your case. You can reach our advisors by:
- Calling on 0800 408 7826
- Filling out our online form
- Or by using our live chat feature
Learn More About Using Our Data Breach Compensation Calculator
For more helpful resources, use the links below:
- NHS – Stress
- ICO – Action taken against businesses and organisations
- GOV.UK – More information on data breaches in the UK
If you have any more questions about how to use our data breach compensation calculator, get in touch today.