By Jo Anderson. Last Updated 29th November 2023. This guide will focus on the benefits of using No Win No Fee data breach claim solicitors. In this article, we will look at what a personal data breach is, and who could be eligible to claim. We will also cover what No Win No Fee means, and the benefits of choosing a No Win No Fee solicitor to handle your claim.
Data protection legislation in the UK, such as the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA) requires data controllers and processors to follow certain rules while handling your personal data. If they fail to comply with these regulations, and you suffer harm as a result, you may be eligible to make a personal data breach claim.
Our advisors can tell you if your claim is valid, and can provide free legal advice when you get in touch. If your claim is valid, they may be able to put you in contact with one of our No Win No Fee personal data breach solicitors. To learn more, contact us by:
- Calling us on 0800 073 8801
- Using the live chat feature at the bottom of the screen
- Contacting us online
Select A Section:
- What Is A Personal Data Breach?
- Why Use A No Win No Fee Solicitor?
- How To Make A No Win No Fee Data Breach Compensation Claim
- Data Breach Compensation Calculator
- Talk To Us About Your Data Breach Claim
What Is A Personal Data Breach?
As we mentioned, all data processors and controllers are bound by data protection legislation. Organisations that use and process people’s data are known as data controllers. This can include your employer, doctor’s surgery, your bank, or building society. Data processors may be asked by controllers to process this data on their behalf. And you are the data subject.
Personal data is any information that could be used to identify you. This could be alone, or in conjunction with other information. Some examples of personal data include:
- Names
- Postal addresses
- Phone numbers
- Email addresses
Special category data is a type of personal data that requires extra protection due to data protection law. Special category data includes information regarding your:
- Nationality or ethnicity
- Trade Union membership
- Sexual orientation
- Religion
- Health
- Biometric data
An organisation failing to comply with data protection legislation could lead to a personal data breach. However, not all data breaches will happen this way. If you can prove that you have experienced harm as a result of an organisation’s failings, you may be able to claim. Contact our advisors today to find out if you could use one of our No Win No Fee data breach claim solicitors.
Why Use A No Win No Fee Solicitor?
You may be able to claim for a personal data breach on a No Win No Fee basis. There are various benefits to working with a solicitor on the basis of a No Win No Fee for your data breach claim. Some examples include:
- No upfront or ongoing service fees to pay to your solicitor.
- You will not need to pay them for their work if your claim fails.
- You will pay them a small legally-capped success fee if yhey succeed with your claim. This will be taken from your compensation.
Our solicitors generally offer their services on a No Win No Fee basis, and can help you with various aspects of the claiming process. With their years of experience, they can help you with:
- Organising an independent medical assessment.
- Gathering evidence to support your claim.
- Ensuring your claim is filed in full within the time limit.
- Negotiating a compensation settlement on your behalf.
- Explaining any legal jargon that is used throughout the claiming process.
To ask questions about data breach solicitors, No Win No Fee contracts, or to check your eligibility to make a personal data breach claim, please contact an advisor.
How To Make A No Win No Fee Data Breach Compensation Claim
The process of starting a personal data breach claim can seem daunting. If you believe that your personal data has been compromised in a data protection breach, there are some steps you can take to strengthen your claim:
- Contact the organisation directly. They may be able to provide more information, and any correspondence could be used as evidence in your claim, as you must be able to prove that the breach was a result of the organisation’s failings.
- If you do not receive a reply, or if it is unsatisfactory, you can report the breach to the Information Commissioner’s Office (ICO).
- Gather evidence of the harm you have suffered. This could be medical records that show evidence of psychological injuries or bank statements that show financial losses.
We also recommend that you contact our team of advisors. They can tell you if your claim is valid and provide free legal advice and further guidance.
Data Breach Compensation Calculator
There are two heads of claim you can pursue in a personal data breach claim. Material damage addresses the financial harm you may have suffered as a result of the breach, whereas non-material damage addresses the psychological injuries you may have suffered, such as PTSD.
The table below uses figures taken from the 2022 edition of the Judicial College Guidelines (JCG). Following the ruling of Gulati & Others v MGN Limited [2015], non-material damage in personal data breach claims can be valued in line with the JCG, similar to personal injury, medical negligence, and road traffic accident claims.
Mental Health Problem | Level of Severity | Possible Compensation | Additional Notes |
---|---|---|---|
Severe Psychological Harm Plus Financial Expenses | Severe | Up to £150,000+ | Compensation for severe psychological harm and special damages such as medical expenses. |
PTSD (a) | Severe | £59,860 to £100,670 | PTSD of this severity would severely impair the victim’s ability to function. Every aspect of their lives would be affected. |
PTSD (b) | Moderately Severe | £23,150 to £59,860 | Professional help will be needed if the claimant is to make some recovery. However the disability will last into the future. |
PTSD (c) | Moderate | £8,180 to £23,150 | Continuing symptoms will not be a major impact and a good recovery will have been made. |
PTSD (d) | Less Severe | £3,950 to £8,180 | Only minor symptoms will last beyond a 2 year period. |
Psychological Injury (a) | Severe | £54,830 to £115,730 | This disorder makes it difficult for the sufferer to work, attend school, and care for their family. There may be a long period of time when symptoms persist. |
Psychological Injury (b) | Moderately Severe | £19,070 to £54,830 | It would be difficult for people with these conditions to manage their daily lives. However there is a better prognosis than in the above category. |
Psychological Injury (c) | Moderate | £5,860 to £19,070 | It is likely that even though the victim initially faces mental health problems, he or she will recover well. |
Psychological Injury (d) | Less Severe | £1,540 to £5,860 | Damages will be compensated based on the severity and duration of the injury. |
Since Vidal-Hall and Others v Google Inc [2015], claimants may claim for non-material damages without also claiming for material damages alongside them. Previously, you may only claim for psychological injuries if you were also claiming for financial harm.
For a free estimate of what your claim could be worth and to find out how one of our personal data breach solicitors could help you, get in touch with our advisors today.
Talk To Us About Your Data Breach Claim
The personal data breach claims process can seem daunting, but our expert personal data breach solicitors have years of experience and are ready to help. Our solicitors offer a kind of No Win No Fee agreement known as a Conditional Fee Agreement (CFA). Contact our team of advisors today to learn how a CFA could benefit you.
They can provide free legal advice and may be able to put you in contact with one of our expert solicitors if your claim is found to be valid. Get in touch today by:
- Calling us on 0800 073 8801
- Using the live chat feature at the bottom of the screen
- Contacting us online
No Win No Fee Data Breach Claim Resources
You can find more helpful resources at:
- GOV – Find Out What Data An Organisation Has About You
- GOV – Make A Data Related Complaint
- ICO – Report A Data Breach
Or, for similar personal data breach claims guides:
- What Are My Rights After A Private Healthcare Provider Data Breach?
- Solicitor Personal Data Breach; What Are My Rights?
- What Are My Rights After A Social Services Data Breach?
Contact us today if you have more questions about how a No Win No Fee data breach claim solicitor could help you.