Are you looking to work with a data protection solicitor on a No Win No Fee basis? If so, we will be looking at how you could do this throughout this guide. A data breach can leave you with financial loss and psychological suffering, which a data breach claim can compensate you for.
The Data Protection Act 2018 and the UK General Data Protection Act (GDPR) are pieces of data protection legislation. Under data protection law, those who collect, hold or process personal information should take the appropriate measures to protect it.
In this article, we will look at how you may be able to work with a data protection solicitor on a No Win No Fee basis to receive compensation.
To discuss whether you may be entitled to compensation, you can contact our team of advisers. They can then assess how much compensation you could be owed and what your next steps are.
Connecting With A Data Protection Solicitor On A No Win No Fee Basis
If you have a legitimate claim, you can be connected to an experienced data breach lawyer from our panel to discuss No Win No Fee agreements with you and begin working on your claims process.
You can contact our friendly team of advisers via:
- A phone call on 0800 408 7825 to explore your claim.
- Our online contact form to receive a response when you’re next available.
- Our live chat box to chat straight away with an adviser.
Select A Section
- What Could Data Protection Solicitors Help You Claim?
- What Breaches Could A Data Protection Solicitor Help Me Claim For?
- Types Of Claim Data Protection Solicitors Handle
- What Are The Signs Of A Data Breach?
- Calculating Human Error Data Breach Claims
- Data Protection Solicitor No Win No Fee Claims
- Learn More About Data Privacy And Protection
If you’ve suffered due to a data breach, you could work with a data protection solicitor on a No Win No Fee basis to make a data breach claim. This can help you receive the maximum amount of compensation you’re owed for the data breach.
The below graph includes statistics taken from Department for Digital, Culture, Media & Sport. It shows the percentage of businesses that report the following types of breaches or attacks as the most disruptive, excluding the organisations that have only identified phishing attacks in the last 12 months.
As you can see, 28% of businesses stated that phishing attacks are the most disruptive type of data breach. On the other hand, only 2% of businesses state that takeovers of organisations or users’ accounts were the most disruptive.
The UK GDPR states that a data breach occurs when your personal information is destroyed, lost, changed, disclosed or unlawfully accessed without your permission.
You may be entitled to compensation if you’ve suffered due to a data breach. Making a data breach claim can compensate you for the non-material (psychological) damage and material (financial) damage the data breach has caused you.
A data breach can happen by accident or on purpose, but either way, it can still be harmful. The Information Commissioner’s Office (ICO) can fine an organisation if it’s proven they could’ve reasonably prevented a data breach from occurring.
Data controllers are parties that decide how and why your personal data is used. In addition, they may sometimes use the help of data processors (separate organisations) to process personal information on their behalf. Both should protect your personal information and ensure nobody sees it without a lawful reason.
There must have been positive wrongful conduct on the part of the organisation that was supposed to protect your personal data in order to make a data breach claim. For example, the data controller may have failed to install online security measures, meaning that a hacker was easily able to access your personal data.
You also must have suffered material and non-material damage due to the data breach.
To discuss claiming with a data protection solicitor on a No Win No Fee basis, you can contact our team of advisers. They’d be happy to have a chat about your case and discuss how to claim compensation. They can then connect you to a data breach lawyer from our panel if you have a valid claim.
There are many different ways that a data breach can occur. Here are some examples of data breaches that a data protection solicitor on a No Win No Fee basis may handle:
- Lost or stolen personal data. For example, if an employee accidentally leaves personal information in a bag on public transport. This means that any member of the public could access the data inside the bag without consent.
- Wrong email address. If an email containing personal information is sent to the wrong recipient who isn’t authorised to see it, they could access this personal data without consent due to human error.
- Letter sent to the wrong postal address. This means that someone could open a letter containing someone else’s personal information as they were sent the wrong letter. Data controllers and processors must ensure they update addresses if they’re informed of the change to prevent this from happening.
Here are some signs of a data breach:
- Being sent e-mails or texts from organisations that you haven’t associated with. This could mean someone has access to your information without your consent.
- Noticing suspicious behaviour on your bank account or receiving receipts for things that you haven’t purchased.
- Being notified that someone has accessed your social media accounts from a different phone or computer.
If you suspect you may have suffered a data breach, our team of advisers are available 24 hours a day to explore your situation. If you have a legitimate claim, they can then connect you to a data breach solicitor from our panel to discuss No Win No Fee agreements with you and begin working on your claim.
Some articles include a data breach injury claims calculator, but our guide has a compensation table instead. This is so we can show different types of psychological injury and how much compensation they may be worth.
These figures have been taken from the Judicial College Guidelines (JCG) and are an example only. (Legal professionals use the JCG to help them value injuries.)
|Psychiatric Damage (General)||Severe||The individual is unable to live their life the same way they did before the trauma and recovery is highly unlikely.||£51,460 to £108,620|
|Psychiatric Damage (General)||Moderate||The claimant struggles but the chance of recovery is more promising than the above.||£5,500 to £17,900|
|PTSD||Severe||The person is too traumatised to attend work and have a social life the same way they used to.||£56,180 to £94,470|
|PTSD||Moderate||The person still struggles with symptoms but they’re recovering well.||£7,680 to £21,730|
Data breach compensation is generally made up of material and/or non-material damages.
Non-material damages account for the mental harm you suffer due to the breach. For example, you might have developed stress or depression because of your personal information privacy being breached.
The above compensation figures show the amount of non-material damages each psychological injury may be worth.
The awarded bracket is dependent on factors such as how long recovery and treatment take and how serious the injury is.
You can evidence non-material damage by attending a medical assessment. The independent medical expert would check your injuries and make a report that aims to:
- Show the severity of your injuries.
- Conclude whether your injuries were likely to have been caused or exacerbated (or not linked to) the data breach.
If you use the services of a solicitor to claim, they could use this report alongside other evidence to value your claim.
Material damages account for the financial loss you’ve suffered due to the data breach. For example, a bank data breach could mean you had money stolen from your credit card.
If you’re unable to recover these losses, you could make a material damages claim. To prove your losses, you could use documents such as bank statements, bills or credit scores.
No Win No Fee agreements, also known as Conditional Fee agreements, are agreements claimants make with a data breach lawyer. It states the rules your lawyer must follow in order to receive compensation.
If your claim loses, you won’t have to pay any lawyer fees. If your claim wins, your lawyer will take a small, legally capped percentage of your compensation. You will have discussed this already and would receive most of the compensation.
Get In Touch To Work With A Data Protection Solicitor On A No Win No Fee Basis
There are many financial benefits to a No Win No Fee claim, so why not get in touch with an adviser today?
If you have a legitimate claim, they can connect you to a data breach lawyer from our panel to help you gather evidence to support your claim. Consequently, they can then begin working on getting you the maximum amount of compensation you deserve.
We suggest you contact our team of advisers by:
- Ringing them on 0800 408 7825 to chat with an adviser.
- Chatting with an adviser on our live chatbox to receive an immediate response.
- Putting your information into our online contact form to receive a reply at your earliest convenience.
Claim For A Failure To Use BCC Data Breach – Have you suffered a data breach due to an organisation not using BCC? Our guide explores how you could make a claim.
UK GDPR – Claims For Breach Of UK GDPR – If you have suffered financially or mentally due to a data breach, our guide includes important information.
Data Breach Compensation Claim Examples – Our article includes useful guidance about making a data breach claim.
The ICO’s Work To Recover Fines – This page shows how the ICO works to fine organisations for breaching people’s personal data privacy.
Make A Complaint – This ICO page allows you to make a complaint about an organisation that has misused your personal data.
Thank you for reading our guide about working with a data protection solicitor on a No Win No Fee basis.
Article by OA