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Your data breach FAQs answered

See our answers to the FAQs we get asked about making a data breach compensation claim with our expert data protection lawyers. 

FAQs about who can make a claim

Anyone who has had their personal information put at risk because an organisation has not protected their data in the way it is legally obliged can claim data breach or cybercrime compensation.

To find out if you can make a data breach or cybercrime compensation claim contact us for a free evaluation of your case.

If you have already contacted the ICO about a breach, we can still help you to make a claim. In fact, we use the evidence uncovered in ICO investigations to support your case.

Anyone who has had their personal data exposed or put at risk can make a compensation claim. This includes customers, former customers, employees and former employees.

Under the GDPR, organisations MUST tell you if they have breached your personal data. If you suspect your data has been breached and you haven’t heard from the company in question, you should report this to the ICO.

If you are told that you are involved in a data breach, or if you hear that a company has suffered a data breach and are worried you might be affected, you should contact us to see if you are entitled to make a compensation claim.

You should also note your version of events ASAP, including the impact on you. This could provide valuable evidence in court.

FAQs about costs

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.

If your claim is successful, you may have to pay a ‘success fee’. This fee is taken from the compensation awarded to you. At Keller Lenkner UK, you never have to pay more than 25% of the compensation awarded to you.

There are no costs to join a claim. However, if your claim is successful, you may have to pay a ‘success fee’. This fee is taken from the compensation awarded to you. At Keller Lenkner UK, you never have to pay more than 25% of the compensation awarded to you. If you lose, you won’t have to pay a penny.

FAQs about group actions

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.

 

FAQs about the claim process

Contact Keller Lenkner UK for a free assessment of your case. We’ll talk you through your options and explain everything in plain English.

In some group action cases, there will also be deadlines set by the court to join a case. With strict time limits in place, it’s important to act now.

Each case is different. We always keep you updated, so you know what is happening and what to expect.

Any organisation can be held accountable for a data breach if they have not protected your data in the way they are legally required to do.

The Information Commissioner’s Office (ICO) is the UK’s independent data privacy regulator. It investigates data breaches and fines organisations who fail to meet the requirements of the Data Protection Act. You have the right to ask the ICO to assess an organisation if you think it is guilty of a breach.

The ICO does not award compensation, but you can use evidence uncovered by the ICO to support a data protection compensation claim.

No, the ICO does not award compensation to data breach victims.

You do not need to have suffered any financial loss or emotional distress to make a claim. If you have suffered a privacy violation caused by an organisation breaching any part of the Data Protection Act, you have a right to claim compensation.

FAQs about compensation

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.

You can claim for financial losses, emotional distress, and the failure to protect your data.

You are entitled to claim for any losses you can link directly to the breach of data. For example, has your card been used without permission or are there any transactions on your bank statement that you haven’t made? Let us know about any losses, and we will include them in your claim. You can do this at any time up to the point of settlement, but you should let us know as soon as you are aware of any such loss.

If the data breach has caused you stress or anxiety, then yes you can.

What can you claim for?

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, cybercrime or other GDPR violation:

Financial loses

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.

Distress

GDPR failures, cybercrime and data breaches can have a significant impact on you, both mentally and physically. They can cause or exacerbate anxiety, stress and other psychological conditions.

Loss of privacy

Your data has value, and organisations must be held to account if they fail to protect your right to data privacy or otherwise do not uphold your GDPR rights.
 

Find out more about making a group action data breach claim

Contact us today for a free initial assessment of your case. Our expert, friendly team will advise you on whether you have a valid claim and will be pleased to answer any questions you might have.