Compensation Amounts After A UK GDPR Breach

In this guide, we aim to provide examples of compensation amounts after a UK GDPR breach that caused your personal data to be exposed that you could receive. There are various ways a data breach could occur. However, in order to claim, your personal data must have been compromised. Additionally, you must have experienced financial damage or psychological harm as a result of an organisation’s wrongful conduct.

GDPR compensation amounts

Compensation Amounts After A UK GDPR Breach

As per data breach legislation, organisations have a responsibility to protect your personal data. The UK General Data Protection Regulation (UK GDPR) sits alongside an updated version of the Data Protection Act 2018 to outline the responsibilities organisations have.

However, there are instances where organisations might fail to adhere to data protection law. As a result, your personal data may be breached. In cases, where your finances or mental wellbeing have been affected as a result, you may be able to claim. However, if you’re unsure whether you’re eligible, this guide could help by providing examples of how a personal data breach could occur.

Additionally, we have explored the steps you could take following a breach of your personal data, including the evidence you could gather in order to build a strong case.

Although we have aimed to cover the information you need, we understand you may still have questions. If so, please get in touch with our team using the details below:

  • Telephone: 0800 408 7825
  • Online form: You can fill out our online contact form and request a call-back.
  • Live chat: Use the function below to speak with an advisor about your potential claim.

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What Is A UK GDPR Breach

The General Data Protection Regulation GDPR was first introduced as an EU Directive. This was then enacted into UK law through the Data Protection Act 2018 DPA. After the Withdrawal Agreement, when the UK left the Europan Union we created our own version known as the UK GDPR and updated the DPA.

These are both extensive laws considering the protection of an individual’s personal data. These laws must be followed by all data controllers and processors. These are generally organisations that process personal data. When these laws are breached, such as a UK GDPR breach it allows room for personal data to be exposed.

How Can A UK GDPR Breach Occur?

Organisations have a responsibility to do everything they reasonably can to protect your personal data as per the UK GDPR and the DPA.

Below we have looked at ways a data breach could occur:

  • Human error: An employee may have failed to keep physical documents containing your personal information secured in a locked filing cabinet. As a result, someone was able to access the documents without authorisation.
  • Lack of cyber security: An organisation may have failed to keep their cyber security systems up to date. As a result, the software they used to process personal data may have been more susceptible to a cyber hack.
  • Inadequate training: An organisation may have failed to provide their staff with adequate training on the steps they need to take to protect your personal data. As a result, a member of staff may have used the wrong email address when sending an email containing sensitive information about someone else. This may have resulted in an email data breach compromising your personal data.

Have you experienced psychological harm or financial damage due to your personal data being compromised after a breach of the UK GDPR? If so, compensation amounts could be awarded should you hold a valid personal data breach claim. Call us for more information.

What Action Can An Organisation Face After A Personal Data Breach?

The Information Commissioner’s Office (ICO) is responsible for ensuring that organisations adhere to data protection law. They can also launch investigations and take enforcement action against organisations if they find that they have failed to adhere to and abide by such legislation.

Examples of organisations the ICO have issued fines to include: 

Compensation Amounts After A UK GDPR Breach

After a successful personal data breach claim, you may receive up to two heads of claim. These are known as non-material and material damages. Each seeks to compensate you for the different ways in which a personal data breach has affected you.

Material damages allow you to seek compensation for the financial damages you have experienced as a result of the breach. For instance, if you have needed to take time off work due to stress, you could claim back the loss of earnings you experienced. Alternatively, your credit card details may have been stolen which could cause ongoing issues with your finances.

Non-material damages allow you to seek compensation for the psychological harm you have experienced as a result of the breach. For example, you may have experienced stress or emotional distress that had a significant impact on your quality of life. In these cases, your pain and suffering will be taken into consideration when calculating how much compensation you’re owed.

Type of HarmSeverityAdditional InformationCompensation Bracket
Psychological and Psychiatric Damage(a) Severe Psychiatric DamageThe person will experience significant problems in various areas of their life, including work and education.£54,830 to £115,730
Psychological and Psychiatric Damage(b) Moderately Severe Psychiatric DamageThe person will still experience significant problems but will have a better prognosis than in more severe cases.£19,070 to £54,830
Psychological and Psychiatric Damage(c) Moderate Psychiatric DamageThe person will have made a significant improvement with a good prognosis. £5,860 to £19,070
Psychological and Psychiatric Damage(a) Severe PTSDThe person will experience a permanent impact on all areas of their life.£59,860 to £100,670
Psychological and Psychiatric Damage(b) Moderately Severe PTSDThe person will receive a better prognosis than in more severe cases due to professional help.£23,150 to £59,860
Psychological and Psychiatric Damage(c) Moderate PTSDThe person will have mostly recovered with any ongoing issues not being hugely disabling.£8,180 to £23,150

It’s important to note that you don’t need to have suffered financial loss in order to claim for the impact of any psychological damage caused by the breach. However, you will need to provide evidence to support your claim. The evidence you provide can be used to accurately calculate compensation amounts after a UK GDPR breach caused your personal data to become compromised.

In cases where you’re claiming compensation for any psychological damage, solicitors may make reference to the Judicial College Guidelines (JCG). The JCG consists of bracket compensation amounts relating to different psychological injuries.

The figures in the table above are from the most recent edition of the JCG, published in 2022.

Additionally, if you can’t see the type of harm you have experienced listed in the table, please get in touch with our team. An advisor can provide an estimate of how much your claim may be worth and discuss the potential costs you could claim back under material damages.

Will I Need To Go To Court?

Generally, only about 5% of claims go to court. If you hire a solicitor to represent your claim, they will aim to resolve the claim before it reaches the stage of going to court.

For more information on the steps a solicitor will follow when handling your claim, please get in touch on the number above. An advisor can discuss the potential of receiving an out of court settlement consisting of compensation amounts after a UK GDPR breach.

No Win No Fee Data Breach Claims

The solicitors from our panel offer No Win No Fee services meaning they can handle your claim under a Conditional Fee Agreement (CFA). There are several benefits to hiring a solicitor on this basis. For example:

  • You won’t need to pay any upfront costs for their services
  • There will be no ongoing costs to pay while your claim proceeds
  • If your claim fails you won’t be expected to pay a success fee to your solicitor

Before your solicitor begins working on your claim, you will sign a contract that outlines how the agreement works. For example, if your claim succeeds you will pay a success fee from your compensation. This fee is subject to a legal cap. Also, your solicitor will provide further information about what the fee covers before they start working on your case.

If you would like to work with an experienced data protection solicitor from our panel on this basis, you can use our contact details in the section below to get in touch.

 What Compensation Amounts After A UK GDPR Breach You Could Claim

We hope this guide has provided you with the information you need regarding compensation amounts after a UK GDPR breach that could be awarded if your personal data was compromised.

However, we understand that you may still have questions. If so, our team could help. They can provide further clarification on the No Win No Fee arrangements offered by our panel of solicitors and what your settlement could comprise.

You can get in touch by using the details below:

  • Telephone: 0800 408 7825
  • Online form: You can fill out our online contact form and request a call-back.
  • Live chat: Use the function below to speak with an advisor about your potential claim.

Read More About The UK GDPR and Data Breach Claims

In this section, we have included some additional resources that you may find beneficial.

Call us if you want to discuss more examples of compensation amounts after a UK GDPR breach that you could receive following a successful personal data breach claim.