By Richie Billing. Last Updated 14th November 2023. In this article, we will discuss how a data breach claim value is calculated. You may wish to use a data breach compensation calculator to work out how much compensation for a data breach you could be awarded, but the figure they provide is only a guide. As such, you might find it more helpful to read our guide on the factors considered when valuing settlements.
We’ll also discuss the eligibility criteria that need to be met in order to put forward a personal data breach claim and the evidence you could provide to support your case.
Certain parties have a responsibility to protect your personal data. This is outlined in the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. If these are not adhered to, a breach of your personal data might occur causing you psychological damage or financial harm. We will discuss how data breaches could happen and the steps you could take if it does.
If you have any other questions about data breach claims, please don’t hesitate to get in touch for free, friendly advice. Our advisors can be contacted via the following ways:
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Select A Section
- Data Breach Compensation Calculator – What Is The Average Payout?
- Data Breach Compensation Claims Criteria
- Do I Need Evidence To Claim Data Breach Compensation?
- Make A Data Breach Claim With A No Win No Fee Solicitor
When making a personal data breach claim, you may wonder how much you could be owed in compensation. A data breach compensation calculator may be able to help you gain a clearer idea of what this amount could be. These types of compensation calculators work by asking your specific questions about your claim. Alternatively, you could refer to the table that we have created below.
Following a successful claim, you could be awarded compensation for your material and non-material damage.
Non-material damage refers to the psychological harm you have endured due to your personal data being breached. Those valuing your claim for non-material damage may refer to the Judicial College Guidelines (JCG) for assistance. This is because this specific document provides compensation guidelines for a variety of both psychological and physical injuries.
For our table below, we have listed some of the guidelines stated in the JCG’s 16th edition. Please only use it as a guide. Also, take note that the first entry in this table is an estimated figure that is not based on the JCG.
|Serious harm to mental health with significant financial losses
|The claimant has suffered a severe impact to their mental health with a poor prognosis. This has resulted in significant monetary losses, such as loss of earnings.
|Up to £150,000+
|Claimant will suffer severe issues with relationships, work, education and life in general. There is also a very poor prognosis.
|£54,830 to £115,730
|Moderately Severe (b)
|The claimant will suffer with various problems. However, there is a better prognosis.
|£19,070 to £54,830
|A marked improvement made by trial. There is also a good prognosis.
|£5,860 to £19,070
|Less Severe (d)
|Compensation will depend on how long the disability has lasted and how much daily activities and sleep have been affected.
|£1,540 to £5,860
|The consequences will be permanent. Claimant will be unable to function similar to a pre-trauma level, or work. All aspects of life will be negatively affected.
|£59,860 to £100,670
|Moderately Severe (b)
|There will be a better prognosis with room for some recovery. There will still be serious issues for the foreseeable future.
|£23,150 to £59,860
|Claimant will have made a great amount of recovery. Any lasting effects will not be entirely disabling.
|£8,180 to £23,150
|Less Severe (d)
|Within 1-2 years, an almost full recovery will have been made. After this, only minor symptoms will be present.
|£3,950 to £8,180
Material damage refers to the financial losses you have experienced due to the personal data breach. For example, if your credit card details were compromised in a data breach, this could result in unknown charges being made to that card. Providing a copy of your credit card statements could help with proving your material loss, in this instance.
To receive a free valuation of your claim, or to discuss data breach compensation amounts for UK based claims, you can contact a member of our advisory team.
Now that we have shared some guideline data breach compensation amounts for UK based claims, you will need to know the eligibility criteria for a valid personal data breach claim.
Personal data is any information that could identify you, either on its own or in combination with other information. Examples include your name, mobile number, and national insurance number.
Any organisation that processes the personal data of UK residents must take all the necessary steps to protect that data. Additionally, they must adhere to the rules found within the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR), as together, these legislation form data protection laws.
Should an organisation fail to comply with these laws, this could result in a data breach that affects your personal data. A personal data breach is considered to be a security incident that affects the integrity, availability and confidentiality of your personal data.
In order to have a valid claim, you must be able to demonstrate:
- The breach involving a data controller or data processor was caused by the organisation failing to adhere to data protection laws, such as the Data Protection Act 2018.
- Your personal data must have been compromised in this breach.
- Due to your personal data being breached, you suffered financial losses or psychological harm.
To discuss the eligibility of your claim or to learn how to use a data breach compensation calculator, you can contact our advisory team.
All data breach claims need to be supported with sufficient evidence. This will need to show that a data processor or data controller failed to adhere to the correct procedures for data protection and your personal data was compromised in a breach as a result. Additionally, you will also have to show how you were harmed.
Examples of evidence that might be helpful when claiming for data breach compensation include:
- Correspondence between yourself and the organisation that breached your personal data. For example, you may have been sent an email informing you that your personal data was involved in a breach, a copy of this email can be submitted as evidence.
- The outcome of an ICO investigation. If the incident was reported to the ICO and they decided to investigate the breach, their findings could be used as evidence in your claim.
- If you are claiming for psychological harm, a copy of your medical records could be submitted. These will show the nature of your mental health injury along with the prognosis and any treatment required.
- If you are claiming for financial loss, you could submit copies of your bank statements. These could show the financial losses you suffered.
If you need any help gathering evidence to support your claim, please get in touch with one of our advisors. They give free advice 24 hours a day, 7 days a week.
A data breach compensation calculator could help you with figuring out how much you may receive in compensation. However, the figure they provide may not be wholly accurate if you are eligible to claim for material damage.
If you get in touch with our advisors and they believe you are eligible for data breach compensation, they could connect you to a solicitor from our panel.
A data breach solicitor from our panel could offer to help you with your claim with a No Win No Fee agreement. They could potentially offer a Conditional Fee Agreement, which is a type of No Win No Fee arrangement. The benefits of hiring a solicitor on a No Win No Fee basis include:
- Generally, you don’t have to pay your solicitor any upfront or ongoing fees.
- Not having to pay your solicitor for their services if the claim does not succeed.
- If the claim succeeds, you will pay a legally capped success fee to your solicitor. This amount is taken directly from your compensation award.
Contact our advisors today if you would like more information about claiming on a No Win No Fee basis. Additionally, our advisors could discuss how to claim for a personal data breach and data breach compensation examples.
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Learn More About How Data Breach Claims Work
Thank you for reading our guide about how to check your data breach claim value and whether you can use a data breach compensation calculator. We hope it was useful for you. Please see the relevant links below to learn more about how data breach claims could work.
- Data Breach Claim for a Wrong Email Address – If your data was breached due to an email address mistake, you could claim compensation. Learn how from our article.
- Stolen or Lost Device Data Breach – Was your data breached due to a device being lost or stolen? Find out how to claim compensation here.
- Failure to Use BCC Data Breach – If a failure to use Bcc led to your data being breached, learn how to claim here.
- Details of UK GDPR – The UK’s legislation covering general data protection.
- NHS Talking Therapies – An NHS page on available talking therapies.
- Data Security Incident Trends – The ICO’s statistics on recent data breaches.
If you are unsure of your data breach claim value, or you would like to ask any other related questions about data breach claims, then please get in touch with Public Interest Lawyers. Our advisors are available to talk to online or on the phone via the contact details included in this guide.