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What is the average compensation for a data breach?

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We know that the amount of compensation that could be awarded is an important consideration for our clients. Associate Mo Hussain advises on the average compensation you could expect to access if your data is breached.

If you are the victim of a data breach, it may come as some comfort to learn that you may be in a position to make a claim for compensation. This can help to mitigate the potential damage that has been caused and account for the impact the incident has had on your life.

Many people who come to us for support in pursuing data breach compensation question how much they are likely to receive if a claim is successful.

In this article, we will discuss the following matters:

If you believe that your information has been exposed in a data breach and you would like to know what steps to take next, you can call 0330 041 5135 or fill out our online claim form to get the claims process underway.

What is a data breach?

In short, a data breach is any type of security incident which leads to the personal data of an individual or group being exposed or accessed by an unauthorised third party. Breaches could be caused by any type of criminal activity, or something as simple as a human error.

How do I know if my data has been breached?

There are various methods for clarifying whether your data has been breached.

Firstly, if an organisation is responsible for a data breach, they are required under the terms of the Data Protection Act 2018 to inform you that this is the case. This will usually be in the form of a letter or email.

Should an organisation fail to uphold this obligation, you can also find out about a data breach via an Information Commissioner’s report.

You can also speak to a solicitor directly if you need any clarification over whether your data has been misused.

Can I get compensation for a data breach?

Every organisation that stores your personal data is legally obligated to keep it secure. If, for any reason, they fail to uphold this obligation, anyone who is affected may be in a position to claim compensation for breach of data protection.

Do I need to have experienced financial loss to make a compensation claim?

It is important to stress that you do not need to have suffered any direct financial losses to be entitled to make a claim for data breach compensation. Even if you have not suffered a direct financial loss but have suffered some distress as a result of the data breach you could be entitled to compensation.

What can I claim for following a data breach?

Following a data breach, you can usually make a claim for the following:

Financial losses

A data breach can cause financial losses, or identity theft. If cybercriminals are able to access enough information, there is a potential that they will be able to apply for credit in your name, set up fraudulent bank accounts and access your accounts.

General distress

Your data should remain private as far as possible. Where someone else has accessed your information, either intentionally or inadvertently, it is likely to be a stressful experience and leave you with questions over what is likely to happen next.

The physical and mental toll that being subject to a data breach can impose can be enough to make a claim for compensation. Common side effects of being victim to a data breach include having trouble sleeping, feeling ill, being unsettled or confused. This can often have a knock-on effect on your friends, family and job.

What is the average compensation for a data breach?

The average amount of compensation you could receive for a data breach will depend on various factors. These include the wider context relating to the cause(s) of the breach, the type of data that has been exposed, and the impact it has had on your life.

This means that the average compensation that is awarded can vary significantly from case to case, from a four-figure sum, right the way through to anything in the tens of thousands of pounds.

Minor data breaches of personal data are likely to result in the lowest average compensation figure, while cases involving the loss of medical information or sensitive data to potentially dangerous third parties are likely to result in much higher figures.

If you want to gain a clearer understanding of the sort of compensation you are likely to be awarded following a data breach, this is something our data breach specialists can discuss with you in detail during an initial consultation.

How do you claim compensation for a data breach?

Claiming compensation for a data breach is a relatively simple process but should only be done with the support of a specialist data breach solicitor.

The first step to take when making a claim would be to get in touch with our data breach experts at Hayes Connor. We can discuss your situation in detail and gain a comprehensive understanding of the issues at hand, including how your data was breached, whether you are in a position to claim compensation, how much you could be entitled to and how the process works.

If, following this discussion, we believe that you are entitled to make a claim and you are willing to take your case forward, we can proceed further and get the claims process underway.

This will often involve contacting the party responsible for the breach and seeking to negotiate a settlement out of court. Court proceedings may be required where this is not possible.

Are there any time limits for making a data breach claim?

There are strict time limits in place for making a data breach claim in the UK. The current period for making a data breach claim is six years from the date of the breach and one year where a breach of human rights is concerned.

If you fail to bring forward a claim within the time limit, you may lose the ability to make a claim for compensation. This is why it is important that you speak to a data breach solicitor as soon as possible to discuss your options.

How Hayes Connor can help in making a data breach compensation claim

If you have unfortunately been involved in a data breach, our specialist data breach solicitors may be able to support you in starting a claim for compensation. We are able to act for clients on a no win, no fee basis, which means there is no financial risk to pursuing a claim.

At Hayes Connor, we are one of the largest teams of dedicated data breach claims solicitors in the country. As a firm, we have a wealth of combined experience and expertise in advising clients on data breaches in a wide variety of sectors. As such, we will have the level of knowledge necessary to support you with your case, no matter the circumstances.

When instructed, we will be able to advise you on whether you will have grounds to make a claim, the level of compensation you will be entitled to and the steps that need to be taken next.

We want to ensure that any victims of data breaches are able to access the compensation they deserve, while also keeping the claims process as simple and straightforward as possible.

You can find out more about our expertise and how we handle data breach claims here.

To start a claim, you can use our online claim form and we will get back to you shortly to let you know if we believe you have grounds for compensation.

If you would like to speak to a member of our team, please do not hesitate to give us a call on 0330 041 5135.