FAQS about the Blackbaud data breach
April 20, 2022
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UK universities are involved in a global privacy violation. The university data breach occurred as Blackbaud was targeted by criminals.
Should you become the victim of a data breach, you might not be the only person affected. It might be worth joining a data breach group action in such cases. In this guide, we explain more about group actions, and what happens when you join one.
If an organisation fails to protect your personal data as it is legally required to do, you have a right to claim compensation. However, where the privacy violation affects multiple people, you won’t be the only person making a claim. In such circumstances, it is often worth joining a data breach group action.
A group action claim arises when people – sometimes even thousands or millions of people – have been affected by the same data breach. A group action can be initiated even if the victims of the offence have experienced different levels of harm (e.g. if some people had their email addresses stolen, while others had their credit card details compromised).
Group action cases are sometimes called class actions, collective redress actions, multi-claimant or multi-party actions.
With a group action, the people affected by the breach (the claimants) collectively seek compensation from the defendant – either through settlement or an award in the High Court of Justice.
A representative action is a type of group action. Representative actions are launched when a group of people are affected by the same issue and have experienced the same level of harm.
Representative actions tend to be used in straightforward mass data privacy scenarios. For example, where customers of a company have all had their email addresses stolen.
In representative actions, one solicitor will represent all clients. A judge will decide who this solicitor is. Because of our unique experience in data breach group actions, we expect that Keller Lenkner UK’s data breach solicitors will be appointed as the representative in many future actions.
In representative actions, one member of the action will typically sue on behalf of themselves and the rest of the group.
Group action claims are becoming far more common in the UK. Here are just some of the reasons why:
Anyone who has suffered damage, distress, or a loss of privacy caused by an organisation breaching any part of the Data Protection Act can join a group action claim. At Keller Lenkner UK, our data breach solicitors regularly launch group actions to take on corporate giants and large organisations who have failed to meet their data protection responsibilities.
At Keller Lenkner UK, our data breach solicitors believe that data privacy rights should be protected. And that everyone should be able to claim if they have been let down. Cost should not be a barrier to justice. That’s why we offer no-win, no-fee agreements to help our clients.
No-win, no-fee means that, if your claim is not successful, you won’t have to pay a penny towards your case. There are no hidden charges or other administration fees. Before appointing any data breach solicitor, you must ask how much you will pay if you don’t win your case.
If your claim is successful, you usually have to contribute towards your solicitor’s costs. This is called a ‘success fee’. It is taken from the compensation awarded to you, and it can be much higher than you expected.
At Keller Lenkner UK, our fees are reasonable and we always explain what you will have to pay if you win up-front. There are no hidden charges or other administration fees. We always make sure you are fully informed about any potential costs before we proceed.
No. Just because your case is part of a group action doesn’t mean that you will receive the same amount of compensation as everyone else.
All claims within a group action are settled based on their merits, and, as with any case, the value of your claim depends on the extent of your suffering. So if your claim is successful, you will receive what you are owed.
While each case is judged on its own merits, there are some things we would typically look for when it comes to when claiming compensation following a data breach or cybercrime:
With stolen data, cybercriminals can make purchases using your bank and credit cards, apply for credit in your name, set up fraudulent bank accounts and access your existing online accounts
Cybercrime can have a significant impact on you, both mentally and physically. It can cause or exacerbate anxiety, stress and other psychological conditions.
Because we understand that the full impact of a data breach is often not felt until months after the initial violation, we take a long-term view when it comes to claiming compensation on your behalf.
There are no guidelines about how much compensation you can be awarded for a claim under the Data Protection Act. If you do go to court, it is up to the judge to consider all the circumstances, including the seriousness of the breach and the impact on you.
Keller Lenkner UK Limited is a formidable multi-claimant law firm. Combining technical expertise with experience in handling large volume cases, we represent our clients with passion, experience and diligence.
Having opened a new data breach division in 2020, Keller Lenkner UK has also gained an enviable reputation in data breach law. And, with a team of data protection experts led by Kingsley Hayes – arguably the UK’s foremost data breach solicitor – and considerable multi-claimant expertise, it’s easy to see why.
We have offices in London, Birmingham and Liverpool, and the technology to provide a nationwide service.
The Keller Lenkner name is synonymous with negotiating power. This is advantageous when it comes to taking on big players and complicated group actions.
Other firms might claim to be data protection experts, but it takes more than an understanding of the law to succeed. At Keller Lenkner UK, our team of data breach lawyers has the passion, skill, persistence and resources to fight your corner and win.
A group action claim is where a group of people – sometimes even thousands of people – have been affected by the same issue. Group action cases are also known as class actions, multi-claimant or multi-party actions.
A group action allows people with the same type of claim to bring it together on a collective basis to strengthen their overall position and make a big organisation take the matter seriously. This increases their chances of settlement or success in litigation.
Just because your case is part of a group action doesn’t mean that everyone will receive the same amount of compensation if successful. All claims are settled based on their merits, and you will receive what you are owed.
Yes you can, although you should check the terms of your retainer with your current solicitor first to check you would not have to pay any fees to them if you leave them. If you are part of a group action with another firm and you would like to know more about switching to Keller Lenkner UK, contact us today.
UK universities are involved in a global privacy violation. The university data breach occurred as Blackbaud was targeted by criminals.
To find out if you are eligible to join our action, here are some of the most frequent questions we have been asked about making a DVLA data breach claim.
The ICO (the UK’s data protection regulator) describes special category data as “personal data that needs more protection because it is sensitive”.
Keller Lenkner UK has been shortlisted in three categories at the Modern Law Awards 2022. These categories are ‘Business Growth Award’, ‘Innovation of the Year’ and ‘Boutique Law Firm’. We have also been shortlisted for ‘Law Firm of the Year’ at the 2022 LexisNexis Legal Awards.
This follows our 2021 success where we were shortlisted in the ‘Independent Law Firm of the Year’ and ‘Strategic Legal Operations Team of the Year’ categories at The British Legal Awards, and the ‘Disputes Boutique Firm of the Year’ category at The Lawyer Awards.