There are several pieces of data protection law that outline the responsibilities for those collecting and processing your personal data. For instance, the UK General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (DPA). You may be wondering if you can claim after an organisation breaches the responsibility they have outlined in the UK GDPR. This guide will explore you’re eligibility to claim and seek compensation. It will also provide guidance on using a compensation calculator after a GDPR breach.
UK GDPR compensation calculator claims guide
Additionally, we will explore examples of a personal data breach resulting from an organisation failing to adhere to data protection law.
Furthermore, this guide aims to provide information on the steps you can take to put forward a valid data breach claim.
Although we have aimed to cover the information you need, we understand you may still have questions. If so, you can get in touch with our team by:
- Calling the number above
- Filling out our online contact form to see whether you can make a claim
- Using the live chat feature below.
Choose A Section
- Guidance On Using A UK GDPR Compensation Calculator
- What Are UK GDPR Data Breaches?
- Examples Of A UK GDPR Data Breach
- How Much Could I Get By Using A UK GDPR Compensation Calculator?
- Why Should I Use A No Win No Fee Lawyer?
- Further Information About Using A Compensation Calculator After A UK GDPR Breach
Guidance On Using A GDPR Compensation Calculator
You may be wondering about the compensation you could receive following a successful personal data breach claim and what a UK GDPR compensation calculator is. However, it’s important to understand when a claim can be made and the steps you can take to do so.
Data controllers and data processors are required to comply with the principles of UK GDPR. A data controller decides how and why data is used or stored, and sometimes process this data themselves. A data processor will process data on behalf of the data controller. As per Article 5 of the UK GDPR, both a processor and controller should ensure:
- They have a lawful basis for processing
- Their purpose for processing is clear from the start
- The personal data they collect is limited to what is necessary
- All personal data they hold is accurate
- Personal data is not kept for longer than necessary
- Adequate and appropriate security measures are in place to protect the personal data held
- They take responsibility for complying with all the other principles
If an organisation has failed to adhere to any of these principles, resulting in a personal data breach that caused you harm, you may be able to claim. This includes both psychological harm as well as financial damage.
As such, a claim following a breach of the UK GDPR could mean a compensation calculator is needed. This guide will provide more information on how to claim for a data breach and how a compensation calculator could help you.
What Are GDPR Data Breaches?
The Information Commissioner’s Office (ICO) upholds the rights and freedoms of data subjects. They may conduct investigations and issue enforcement action such as fines to organisations who breach data protection law.
As per the ICO, personal data is information that can be used to identify you, either directly or when processed alongside other information that can be used to identify you. This could include your name, email address, phone number, address or IP address.
However, some categories of personal data are regarded as more sensitive and therefore require extra protection. Special category data may include information concerning your health, religious beliefs or sexual orientation.
A personal data breach is defined as a security incident in which your personal data is accidentally or unlawfully lost, destroyed or altered. It could also include your personal data being accessed or disclosed without authorisation.
This could involve a breach of data protection law, such as the UK GDPR. A compensation calculator could help you understand what you could be owed following such an incident that caused you psychological harm or financial damage.
Examples Of A GDPR Data Breach
A UK GDPR data breach could occur for various reasons. Below, we have provided examples of how a breach of data protection law could result in a personal data breach:
- You may have requested for an organisation to update your contact details. However, they may have failed to do so, leading to them sending a letter containing your personal information to the wrong address.
- An organisation may have failed to ensure they had adequate security measures in place to prevent cyber attacks. However, they may have failed to do so meaning your personal data was accessed in a ransomware attack.
Please note, if an organisation is in breach of the UK GDPR, this does not necessarily mean you are eligible to claim. You must have experienced an impact on your mental state or your financial situation due to your personal data being compromised as a result of an organisations failings.
Call our team to find out more.
Statistics For GDPR Data Breaches
The ICO’s latest trends revealed there were 2,172 incidents overall in Q4 2021/22. This includes both cyber and non-cyber security incidents. The most affected industries were the health sector with 427 security incidents, followed by the education and childcare sector with 360.
Some frequently reported incident types included:
- Data emailed to incorrect recipient
- Data posted or faxed to incorrect recipient
- Phishing
- Unauthorised access
- Loss or theft of paperwork or data left in an unsecure location
If you’ve suffered financial harm or psychological injuries after your personal data was compromised by a breach of the UK GDPR, a compensation calculator could help you understand what you may be eligible to claim.
How Much Could I Get By Using A GDPR Compensation Calculator?
You may be looking to claim after a breach of the UK GDPR. A compensation calculator could provide a rough estimate of what your claim is worth. However, the figures may vary depending on several factors.
Generally, though, data breach compensation settlements often comprise material and non-material damages. Each of these seek to compensate you for the impact the personal data breach has had on your life.
For instance, material damages seek to compensate you for any financial losses incurred as a result of the personal data breach. This could include the financial impact on your credit score if you have had your credit or debit card details stolen.
Non-material damages aim to provide compensation for the psychological injuries you experienced as a result of the personal data breach, such as post-traumatic stress disorder and anxiety or emotional distress.
It is possible to claim compensation for any psychological harm without claiming for any financial damage.
The table below provides figures from the Judicial College Guidelines (JCG). Legal professionals can use the JCG to help them value the non-material damages head of claim.
| Injury | Compensation Range | Notes |
|---|---|---|
| Psychological Damage | £54,830 to £115,730 | (a) Severe: All aspects of your life may be affected badly. |
| Psychological Damage | £19,070 to £54,830 | (b) Moderately Severe: The prognosis is better for cases in this bracket but several factors, such as the impact on your relationships, are still taken into consideration. |
| Psychological Damage | £5,860 to £19,070 | (c) Moderate: The prognosis may be better and there will be a significant improvement. |
| Psychological Damage | £1,540 to £5,860 | (d) Less Severe: Your daily activities suffer and you may struggle to sleep. |
| Anxiety Disorder | £59,860 to £100,670 | (a) Severe: The person will experience a permanent impact on all areas of their life. |
| Anxiety Disorder | £23,150 to £59,860 | (b) Moderately Severe: Significant disability is likely to be an ongoing issue in the future. |
| Anxiety Disorder | £8,180 to £23,150 | (c) Moderate: The person will have recovered for the most part. |
| Anxiety Disorder | £3,950 to £8,180 | (d) Less Severe: Within a couple of years, a mostly full recovery will have been made. |
Our panel of data breach solicitors could give you a more accurate estimation of what you could be owed. Additionally they could help you gather evidence to strengthen your claim.
Why Should I Use A No Win No Fee Lawyer?
A No Win No Fee agreement is an option for funding legal representation. There are different types of agreements, such as a Conditional Fee Agreement (CFA). This allows you to hire legal representation without paying for the services your solicitor provides upfront.
When you hire a solicitor on this basis, you will sign an agreement that outlines any payable fees should your claim succeed. This includes the success fee that is deducted from your compensation if your claim wins. More details of the fee will be outlined in the agreement you sign, but it is legally capped. If your claim fails, you won’t need to pay for your solicitors services.
For more information, please get in touch using the details below.
Ask About Using A GDPR Compensation Calculator
A solicitor from our panel may process your claim on a No Win No Fee basis. However, you must have a valid claim. To find out your eligibility, you can get in touch with our team.
Additionally, they can discuss when you might be able to make a claim following a breach of the UK GDPR. Also, how a compensation calculator could help you understand the value of your claim.
To get in touch you can:
- Call the number above
- Fill out our online contact form to see whether you can make a claim
- Use the live chat feature below.
Further Information About Using A Compensation Calculator After A UK GDPR Breach
Please find some additional resources below.
- ICO- Action Taken
- ICO- Make A Complaint
- GOV- Government Cyber Security Strategy
- A General Guide To Data Breach Compensation
- How To Claim GDPR Compensation For Distress
- How To Claim Medical Data Breach Compensation
- Medical Conditions Data Breach Claims
- Mortgage Broker Data Breach Claims
- Sexuality Data Breach Claims
- Payouts For Disciplinary Records Data Breach Claims
- Tax Information Data Breach Claims
- How To Find Data Breach Solicitors
- Accountant Data Breach Claim
- How To Claim For A Data Breach
- Data Breach Claim Examples
- UK GDPR Data Breach Claims Explained
- Trade Union Membership Data Breach Claims
- Can I Make A Police Data Breach Claim?
- Completing A Data Breach Report For A Compensation Claim
- Debt And Arrears Data Breach Claims
- Credit Score Data Breach Claims
- Wage Data Breach Claims
- How To Claim For A Disciplinary Information Data Breach
We hope this guide has answered the question ‘what is a UK GDPR compensation calculator?’. If you have any additional questions, please get in touch with our team.