FAQs WHEN MAKING A DATA BREACH OR CYBER CRIME CLAIM.

Can I make a data breach or cybercrime compensation claim?

To find out if you can make a data breach or cybercrime compensation claim contact us today. Our initial evaluation is always free of charge, and there’s never any obligation to take things further. If you have a reasonable chance of winning we may be able to act for you on a NO WIN, NO FEE basis.

How much does it cost to make a data breach or cybercrime compensation claim?

In most cases, you will have to pay your own solicitor’s costs, so it is often not worth appointing a solicitor to deal with a small claim. The Citizens Advice Bureaux provides trained advisors to help people with small claims, or you can use online assessment form to start the claims process. In larger, more complex cases, your solicitor may agree to take your case on a NO WIN NO FEE agreement. This means that your legal costs will be deducted from the compensation you receive. If your claim is not successful, you don’t pay a penny.

Can I trust you with my details?

Absolutely. We understand that making a compensation claim can be stressful; especially where your sensitive information has already been breached. So, our process is fully compliant with ICO guidance, and we never put your details at risk.

How much compensation will I get for a data breach claim?

There are no guidelines about how much compensation you can be awarded for a claim under the Data Protection Act. In most cases, the minimum level of damages to be sought at settlement stage would be between £750 to £1,000. Although this could be much higher depending on the nature of your case. There is also likely to be a rise in class action cases where companies have put employee and/or customer data at risk.

What is The Information Commissioner’s Office (ICO)?

The ICO is the UK independent authority charged with upholding information rights in the public interest, and promoting openness by public bodies and data privacy for individuals. The ICO has the power to impose hefty fines on organisations who fail to meet the requirements of the Data Protection Act. While the ICO does not award compensation, you have the right to ask the ICO to assess an organisation if you think it is guilty of a breach. You can then use this information to support a data protection compensation claim.

Who can I claim data breach compensation from?

Any organisation can be held accountable for a data breach, including businesses, schools, and government departments. We can help you claim a wide range of organisations already fined by the Information Commissioner’s Office (ICO), including United Utilities, Talk Talk, Vanquis Bank Limited, EE and Equifax (among others).

What should I do if I think my data has been compromised?

If you hear that a company has been fined by the ICO for a data breach you should seek legal advice to see if you are entitled to make a compensation claim. Details of any breaches are published on the ICO website. We can also keep you updated on upcoming and current ICO data breach claim investigations.

When can I make a data breach compensation claim?

Once a company has been held liable by the ICO, and the appeal process is exhausted, the claims procedure can begin. You can make a compensation claim against a company without first going to the ICO. However, we would always recommend this as a first step.

Who can make a data breach compensation claim?

Both individuals and companies can make a data breach claim for compensation. To claim compensation you must be able to prove that you suffered as a result of the data protection breach.

What can I make a data breach compensation claim for?

You can claim for both damages and distress. Until recently, a person who suffered damage might have had their compensation increased to take into account any associated distress, but in most cases compensation would not have been awarded for distress alone. However, a recent ruling has paved the way for those affected by data breaches to claim damages for distress, even if they have not suffered any financial loss.

I have already contacted the ICO, can I still make a claim?
Yes. If you have already contacted the ICO about a potential breach, Hayes Connor Solicitors can still investigate your claim. We will work with the ICO to gather as much evidence as possible to help you succeed.

Is there a time limit for making a data breach claim?

The limitation period for making a data protection claim is currently six years. This means that all breaches of data going back six years are now potentially subject to a claim. With strict time limits in place, it’s important to act now.

How do I start a data breach compensation claim?

Contact us today for a free initial assessment. If you have a reasonable chance of winning we may be able to act for you on a NO WIN, NO FEE basis.

What should I do if I am the victim of a cybercrime?

If you have been the victim of online fraud or identity theft, contact Action Fraud to report this. You can do this online or via telephone. Action Fraud is the national fraud reporting service, and is the starting point for any police investigation into your loss. For any other form of cybercrime such as online stalking, harassment, or fears about sexual grooming, you should contact the police directly.

When can I make a cybercrime compensation claim?

If you want the court to consider awarding you compensation, you need to tell the police. You also need to give them details about any damage or distress you have suffered. The police will pass this information to the Crown Prosecution Service. It will then make the request for compensation in court. A wide range of factors will determine how successful you are likely to be when pursuing compensation this way. In criminal proceedings, it can be difficult to persuade the prosecutor to seek a compensation order (following a conviction). Where the authorities are not interested, or where you do not want to make a criminal case, we can assist with a private prosecution.

I have already contacted the police, can I still make a compensation claim?
Yes. You do not have to choose between the criminal and civil justice systems. In most instances, the proceedings can happen at the same time (unless in doing so the defendant faces the risk of serious prejudice which may lead to injustice). A civil claim can also follow a criminal case (and vice versa).

What are the benefits of making a cybercrime compensation claim via the civil courts?

With this approach, your case goes before a judge in a civil trial to seek recovery of any losses and the payment of compensation. Often these cases are settled out of court. Proceedings can be started quickly, without the uncertainty associated with whether the prosecutor will investigate the case.

How much compensation will I get for a cyber crime compensation claim?

In cybercrime cases, the value of damages will depend on the sensitivity of the data. For example, someone whose medical records were stolen could be entitled to £6,000. If you do go to court, it is up to the judge to consider all the circumstances, including the seriousness of the breach and the impact on you.

Can I sue my credit card company after suffering online fraud?

If you pay for something using a credit card and are the victim of fraud, you are afforded an extra level of protection. We’ll advise you on whether you can claim compensation from your credit card company for any losses.

How do I start a cybercrime compensation claim?

Contact us today for a free initial assessment. If you have a reasonable chance of winning we may be able to act for you on a NO WIN, NO FEE basis.