Welcome to the ultimate guide on ‘How much compensation can I expect to receive for a data breach claim? The importance of protecting your personal data cannot be understated, which is why you may have a legal right to compensation if that protection fails, and exposure of your personal data causes you harm.
Data breaches can occur when an individual’s personal information is accessed, disclosed, or stolen without their permission. The consequences of a data breach can be severe and can include financial loss, identity theft, emotional distress, and reputational damage. Compensation for a data breach can vary depending on the specific circumstances of the case, such as the severity of the breach, the nature of the information disclosed, and the impact on the individual.
In this guide, we will explore the different types of compensation available, including damages for financial loss, damages for emotional distress, and damages for loss of privacy. We will also discuss the evidence that you may need to support your claim and how to work with a No Win No Fee solicitor to pursue your case.
If you have been the victim of a data breach, it is essential to understand your rights and the compensation that you may be entitled to receive. Contact us to learn more about how we can help you with your claim and get the compensation that you deserve.
- Call an advisor on 0800 408 7827
- Get in touch by completing our contact form
- Live chat with an advisor at any time.
What Is A Data Breach?
Many people may not be familiar with what a data breach is and how it can impact their personal data. A data breach occurs when an individual’s personal data is accessed, disclosed, or stolen without their permission. This can happen as a result of cyber-attacks, human error, or negligence.
A data breach can happen to anyone, at any time, and can be caused by a range of factors. It is not just large corporations or tech companies that are at risk – small businesses, healthcare providers, and government agencies can also be vulnerable to data breaches. Hackers and cybercriminals are always looking for ways to exploit weaknesses in security systems and gain access to sensitive information.
In the UK, the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 are the laws that apply to data breaches. These laws set out the obligations of organisations in relation to the collection, storage, and processing of personal data, and provide individuals with rights in relation to their personal data.
Under the GDPR, organisations have a legal obligation to protect personal data and report any breaches that occur to the Information Commissioner’s Office (ICO) within 72 hours. Failure to comply with these regulations can result in significant fines and legal action.
If you suspect that your personal data has been breached, it is important to seek legal advice as soon as possible. A data breach solicitor can help you understand your rights, assess the impact of the breach, and pursue compensation if appropriate. Remember, if an organisation has breached your data, they have breached your trust – and you have the right to seek justice.
How Do I Know If I Can Claim Compensation For A Data Breach?
If a data breach results in wrongful exposure of personal data that harms you, you may be entitled to compensation. Compensation can vary between cases depending on factors such as the nature of the information disclosed, the severity of the breach, and the impact on the individual. It’s important to recognise that not all breaches will harm individuals, and not all incidents can lead to a claim. You need to be able to prove wrongdoing on the part of the data controller, as well as providing proof of the breach and the harm it’s caused you.
What Types Of Compensation Could I Receive?
The types of damages that people could be eligible to claim for include financial loss, such as money stolen from a bank account or the cost of credit monitoring services, damages for emotional distress caused by the breach, and damages for loss of privacy. In some cases, individuals may also be able to claim for loss of reputation or future financial loss.
It is essential to seek legal advice if you believe that you have been the victim of a data breach, as the compensation you may be entitled to receive will depend on the specific circumstances of your case. A specialist data breach solicitor can help you understand your rights and work with you to pursue your claim.
What Can Impact How Much Compensation I Can Receive For A Data Breach Claim?
The amount of compensation you could receive for a data breach will depend on a range of factors, including the severity of the breach, the nature of the information disclosed, and the impact on the individual. Some of the factors that can impact the amount of compensation include:
- The type of data that was breached – If sensitive personal data, such as financial information or medical records, was breached, the compensation amount may be higher than if less sensitive data, such as name and address details, was disclosed.
- The extent of the harm caused – The impact of a data breach can range from minor inconvenience to severe financial loss or psychological harm. The severity of the harm caused will impact the amount of compensation that may be awarded.
- The duration of the breach – If a data breach has been ongoing for an extended period, the amount of compensation may be higher than if the breach was only a one-time event.
When it comes to psychological harm, the Judicial College Guidelines provide a framework for determining the appropriate level of compensation. These guidelines can be used by legal professionals to assess compensation amounts that may be appropriate based on the severity of the harm caused.
- Less severe psychiatric damage – £1,540 to £5,860
- Severe psychiatric damage – £54,830 to £115,730
- Moderately severe psychiatric damage – £19,070 to £54,830
- Moderate psychiatric damage – £5,860 to £19,070
However, these are only guideline figures. Call an advisor for a more personalised estimate of how much your claim could be worth.
Can No Win No Fee Solicitors Impact How Much Compensation I Can Receive For A Data Breach Claim?
If you’re asking ‘How much compensation can I expect to receive for a data breach claim?’ it might be because you’re thinking about legal fees. Making a data breach claim can be a complex and challenging process. If you want to secure the maximum compensation possible for the harm caused, you may wish to get professional help. Engaging the services of a specialist data breach solicitor can impact how much compensation you can receive for a data breeach. Here are some reasons why you may want to consider making a data breach claim with a solicitor.
Experience and expertise – A specialist data breach solicitor will have experience and expertise in dealing with data breach claims and can guide you through the process. Additionally, they will understand the complexities of the law and can help you navigate the legal system to secure the maximum compensation possible.
Maximising your compensation – A data breach solicitor can help you to identify all the areas where you may be entitled to compensation, ensuring that you receive the full amount you are entitled to. Furthermore, they can also help you gather and present the evidence needed to support your claim, increasing the likelihood of a successful outcome.
Making A No Win No Fee Claim
Many data breach solicitors offer No Win No Fee services, which means that you will not have to pay them upfront. Instead, the costs for their work will be deducted from the compensation you receive if your claim is successful. This can provide peace of mind and ensure that you have access to legal representation even if you cannot afford to pay legal fees upfront.
Conditional fee agreements (CFAs) are the legal agreements that underpin many No Win No Fee claims. These agreements set out the terms of the arrangement, including the success fee that the solicitor will receive if your claim is successful. The success fee is capped by legislation to ensure that it is reasonable and proportionate to the amount of compensation awarded.
If you have been the victim of a data breach and want to secure the maximum compensation possible, it is essential to speak to a specialist advisor. They can provide the guidance and support you need. One of our advisors could connect you with a solicitor who could help you to make a successful claim and secure the compensation you deserve. Get in touch today to ask any questions or to begin a claim.
- Call today on 0800 408 7827
- Complete our contact form.
- Live chat.
Further Insight Into How Much Compensation You Can Expect To Receive For A Data Breach Claim
Finally, now we’ve answered the question of ‘How much compensation can I expect to receive for a data breach claim?’ here are some further links.
Data Breaches And Fines – Firstly, you can find guidance from the Information Commissioner’s Office (ICO) on fines and data breaches.
Data Breach Guidance For Individuals – Here, you can find further guidance from the Information Commissioner’s Office.
Claim Compensation For A Personal Data Breach – Furthermore, there is UK Government advice on such cases.
What Are The Chances Of Success In A Data Breach Claim?– Learn about how to have the best chance of a successful claim.
Who Can I Sue In A Data Breach Case?– An Explanation of who could be at fault.
Can I Make A Data Breach Claim In The UK?– Finally, learn more on who could be eligible to claim data breach compensation.
You can be compensated up to $25 per hour up to 20 hours.Can I get compensation for a data breach? ›
It's possible to claim compensation for a data breach that caused you psychological harm, such as distress or anxiety, as well as one that inflicts financial damage. Most data breaches are caused by human error.How much will I get for Yahoo settlement? ›
If you were a customer during the data breach, you're eligible for $25 in payment, and if you were a California resident during 2021, you might be entitled to $100. You can submit your claim here. Keep in mind, this is separate from the most recent data breach of 37 million in November 2022.How much will each person get from the Equifax settlement? ›
While individuals could file a claim for up to $125, the payment amount may be far less than that, according to the settlement administrator. The form of payment depends on how you chose to receive it when you filed the claim as part of the settlement.How much will I get from T-Mobile lawsuit? ›
How much can I get from the T-Mobile settlement? The amount on offer varies greatly, and is largely based on the severity of the data breach suffered by the customer. Current and former customers are entitled to a flat $25 as a base amount. Californians are eligible for a cash payment of $100.What are the damages for data breach lawsuit? ›
Data breach lawsuits
Plaintiffs typically seek damages for unauthorized charges, damage to credit, cost of credit monitoring, cost of replacement credit cards, time and expenses incurred to investigate, and emotional distress.
In reality, how long a data breach claim takes simply comes down to the circumstances of the case. Some cases could be resolved in a few months, whereas others may end up being pursued for several years.How do you prove data breach? ›
- Confirmation that you were involved in a data breach.
- Details of any phishing attacks or scams linked to the data breach.
- Details of any money lost because of the data breach.
- Details of any mental health conditions caused or made worse because of the data breach.
Personal Data Breach Lawsuits
Regardless of the reason or cause for a security breach, victims have the right to file a claim against a company for failing to protect their information.
The settlement allows reimbursement for up to $25,000 in out-of-pocket expenses related to the data breach. This includes money spent preventing identity theft or fraud, unreimbursed fraud charges, miscellaneous expenses, professional fees, and up to 15 hours of lost time at a rate of at least $25 per hour.
How much will I get paid? Anyone eligible for the settlement can get up to $25,000 in cash reimbursement for lost time and out-of-pocket expenses related to the data breach. You can claim any unreimbursed fraud charges or false transactions, as well as money you spent trying to prevent identity theft.How much did the lawyers get in the Equifax breach settlement? ›
If you filed for a cash payout from Equifax as part of the credit bureau's settlement for its massive 2017 data breach, you're probably not getting anywhere close to $125. On Thursday, Dec. 19, a Georgia federal judge awarded $77.5 million to the attorneys representing the class of consumers against Equifax.How do I know if I was part of the Equifax breach? ›
Equifax has created a website where you can find out if you have been affected by the breach. The website will ask you for the last six digits of your social security number and your last name, and then will tell you if you have been affected. You can also call 1-833-759-2982.Has anyone received Equifax settlement check? ›
Consumers are receiving payments after a data breach
After implementation was delayed due to legal challenges, the settlement received final court approval in early 2022.
According to the settlement website, present and former T-Mobile users are qualified for a $25 cash payment. Residents of California are eligible to receive $100. Those covered by the settlement are also entitled to two years of identity defense services from data security firm Pango and cash payouts.Is T-Mobile data breach claim a class action lawsuit? ›
T-Mobile agreed to pay $350 million as part of a class action lawsuit settlement to resolve claims it failed to prevent a data breach that affected 76 million Americans; consumers must submit a claim form to benefit.How much did the Experian settlement pay? ›
Experian agrees to pay over wrongly-flagged customers
Experian agrees to pay $22.45 million for mistakenly claiming some consumers were high risk.
Data breaches can affect the brand's reputation and cause the company to lose customers. Breaches can damage and corrupt databases. Data breaches also can have legal and compliance consequences. Data breaches also can significantly impact individuals, causing loss of privacy and, in some cases, identity theft.What happens to victims of data breach? ›
Data breaches hurt both individuals and organizations by compromising sensitive information. For the individual who is a victim of stolen data, this can often lead to headaches: changing passwords frequently, enacting credit freezes or identity monitoring, and so on.
Data breach insurance only offers first-party coverages for losses related to a data breach, hack, or theft of company documents. The policies generally cover expenses associated with informing parties affected by a breach to minimize the damage.
When in doubt, contact the company directly. Obtain a copy of your credit report. Go to annualcreditreport.com or call 1-877-322-8228 to get a free copy of your credit report. You can get one free copy of your report from each of the three credit bureaus once a year.What is no win no fee data breach compensation? ›
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.What is the sentence for data breach? ›
Direct Data Security Costs from a Breach
Potential criminal penalties: Wrongful disclosure: $50,000 fine, 1 year in prison, or both. Offense under false pretenses: $100,000 fine, 5 years in prison, or both. Offense with intent to sell information: $250,000 fine, 10 years in prison, or both.
- XSS attack. A cross-site scripting (XSS) attack is a remote code execution (RCE) flaw that may be caused by web applications that employ standard vulnerabilities such as XSS vulnerabilities. ...
- SQL Injection attack. ...
- MITM attack. ...
- Ransomware attacks.
A data breach is eligible if it is likely to result in serious harm to any of the individuals to whom the information relates. Whether a data breach is likely to result in serious harm requires an objective assessment, determined from the viewpoint of a reasonable person in the entity's position.What are the 3 categories of personal data breaches? ›
- access by an unauthorised third party;
- deliberate or accidental action (or inaction) by a controller or processor;
- sending personal data to an incorrect recipient;
- computing devices containing personal data being lost or stolen;
- alteration of personal data without permission; and.
Businesses may be held liable when a data security breach occurs because of certain factors associated with the crime such as how the information was stored and how well it was protected prior to the intrusion.What are the fines for data breaches in the US? ›
The FTC may bring civil actions for civil monetary penalties of up to USD 40,000 per violation of the FTC Act or COPPA. Each day that non-compliance continues is considered a separate "violation" for purposes of the law.How much money should I ask for in a settlement? ›
To get a general idea of settlement, add up the costs in medical bills, damages, and lost wages, and multiply the sum by three. This may be around the amount in the settlement you can receive after a car accident.What is a good settlement figure? ›
How Much Should I Expect from a Settlement? A good settlement offer should not only be able to cover your hospital bills and legal fees, but it should also be equivalent to close to a years' worth of your current wages, especially in cases where your injuries may be permanent or cause some kind of disability.
A settlement case where the lawyer gets no fee will most likely be less than 40 percent. On the other hand, if a lawsuit is successful and the plaintiff wins, the lawyer will receive closer to 50 percent.Is Capital One paying out a $190 M settlement? ›
The settlement is around $190 million, which Capital One will pay into a Settlement Fund. The fund will cover various things, such as cash payments, purchasing Identity Defense Services for those impacted and paying for restoration services for all settlement class-action members.How do I claim money from Capital One's $190 million Data Breach settlement? ›
Contact the Settlement Administrator at info@CapitalOneSettlement.com or 1-855-604-1811 (Toll-Free).What is the maximum amount for Capital One? ›
Total card purchases and withdrawals are limited to $5,000 per day. This includes ATM withdrawals, cash advances, and signature and PIN-based purchases. Withdrawals from an ATM made using a 360 Checking Card are limited to $1,000 per day. You can lower this limit by calling us at 1-800-655-2265.How much is 100k Capital One points worth? ›
100,000 Capital One miles are worth an average of $700, depending on how you redeem them. Capital One miles are worth the most when redeemed for travel, but you can also redeem for a statement credit, a check or gift cards, among other options.How long does it take to get a Capital One claim? ›
Find the status of your claim and what to expect with receiving your refund. A temporary credit will typically be granted within 10 business days so that you have use of the funds while the investigation is ongoing. Please allow 45-90 calendar days for final determination on your claim.Is it good to take a credit card settlement? ›
While debt settlement can eliminate outstanding obligations, it can negatively impact your credit score. Stronger credit scores may be more significantly impacted by a debt settlement. The best type of debt to settle is a single large obligation that is one to three years past due.How do I check the status of my Capital One settlement? ›
You can also confirm you are a Settlement Class Member, and eligible for benefits, by calling 1-855-604-1811 (Toll-Free).How much is Equifax data breach settlement reddit? ›
Here in the US, the settlement of the Equifax credit breach is complete. If you skip credit monitoring, you can elect a settlement of $125 and claim time spent dealing with any impacts that it caused you.How do I fill out a Equifax data breach settlement? ›
- Step 1: Check if you're eligible. ...
- Step 2: Start the claim process. ...
- Step 3: Fill out your information. ...
- Step 4: Choose between credit monitoring and cash payment. ...
- Step 5: File for time spent. ...
- Step 6: Claim any losses or reimbursement.
Supervised by JND Legal Administration — a team of court-appointed lawyers — Equifax made a $700 million settlement, offering affected Americans either a $125 payout or 10 years of free credit monitoring and $1 million in identity theft insurance provided by Equifax.Will Equifax pay $125? ›
Equifax started sending out payments to people affected by its massive 2017 data breach. But, as consumers quickly realized, the settlement payments are way less than the expected $125 per consumer. People have gotten as little as $5.21 because of the sheer number of people who filed claims for the money.How much are people receiving for the Equifax breach? ›
In 2019, people affected by the breach were able to file claims for compensation. Those who suffered direct losses due to the breach and were able to provide documentation of out-of-pocket costs were eligible for up to $20,000.How much is the data breach settlement? ›
The settlement includes up to $425 million to help people affected by the data breach. The initial deadline to file a claim in the Equifax settlement was January 22, 2020.How long does Equifax settlement payout? ›
Cash reimbursement requests for payment (to repay money you lost, or pay for time you spent recovering from the data breach) that were submitted before the deadline of January 22, 2022, are scheduled to be sent starting in mid-December 2022.When should I expect my Equifax settlement? ›
Checks or pre-paid cards for valid claims for Out-of-Pocket Losses, Time Spent, and Alternative Reimbursement Compensation will be mailed by the Settlement Administrator to the mailing address that you provide. Settlement benefits for eligible out-of-pocket losses and time spent will begin issuing in mid-December 2022.What was the largest data breach payout? ›
T-Mobile's $350 million settlement was one of the largest data breach payouts in US history. After a 2021 cyberattack exposed millions of customers' personal information, T-Mobile agreed to a $350 million settlement to resolve claims that its negligence led to the breach.What is the highest fine for a serious data breach? ›
- 20 biggest GDPR fines so far. ...
- Amazon GDPR fine – €746 million. ...
- Meta GDPR fine – €405 million. ...
- Meta GDPR fine – €390 million. ...
- Meta GDPR fine – €265 million. ...
- WhatsApp GDPR fine – €225 million. ...
- Google LLC fine- €90 million. ...
- Google Ireland fine- €60 million.
What is the maximum fine for breaking GDPR? There are two main tiers of fines resulting from GDPR non-compliance: 2% of annual global turnover from the preceding year, or up to €10 million (whichever is greater) 4% of annual global turnover from the preceding year, or up to €20 million (whichever is greater)Can I sue company for data breach? ›
Can I Sue a Company For a Data Breach? Yes, after a data breach, those affected can bring a data breach lawsuit against the company. However, to succeed in their claim, the victim must prove that the company was negligent or otherwise violated the United States data breach laws.
How do I know if I am part of the Settlement? You are a Settlement Class Member if you are among the approximately 98 million U.S. residents identified by Capital One whose information was accessed in the Capital One Data Breach.Who is liable in a large data breach? ›
Data owners are held responsible for data security. For this reason, they are usually considered liable for breaches. Of course, the data owner may be able to argue that they did everything required of them to ensure the security of the data.What happens if more than 500 individuals are affected by a breach? ›
If a breach affects 500 or more individuals, covered entities must notify the Secretary without unreasonable delay and in no case later than 60 days following a breach. If, however, a breach affects fewer than 500 individuals, the covered entity may notify the Secretary of such breaches on an annual basis.What kind of damages could companies that are victims of data breaches be liable to pay? ›
- $100 to $750 per consumer per incident, or actual damages, whichever is greater.
- Injunctive or declaratory relief.
- Any other relief that the court deems as proper.
Perhaps the biggest long-term consequence of a cybersecurity data breach is the loss of customer trust. Your customers share their sensitive information with businesses like yours assuming you have the proper security measures in place to protect their data.