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GDPR Data Breach Solicitors

General Data Protection Regulation (GDPR) governs organisation’s legal obligations when processing personal data. Following the United Kingdom’s exit from the European Union, there are now two types of GDPR to be aware of: the EU GDPR and the UK GDPR. Where businesses fail to adhere to the terms of the relevant legislation, resulting in a GDPR data breach, you may be in a position to claim compensation.

The Data Protection Act (DPA) 2018 and UK GDPR are the primary data protection legislation for organisations that process UK residents’ personal data.

The terms of the UK GDPR set out seven key principles which dictate how organisations should process personal data. These are:

  • Lawfulness, fairness and transparency
  • Purpose limitation
  • Data minimisation
  • Accuracy
  • Storage limitation
  • Integrity and confidentiality (security)
  • Accountability

Following these principles is fundamental to an organisation’s compliance with the provisions of UK GDPR. Failing to do so can lead to a GDPR data leak and provide affected individuals with the opportunity to make a GDPR data breach claim.

At Hayes Connor, we understand how overwhelming it can be to learn that you are the victim of a GDPR personal data breach. Not only are you likely to be concerned about the potential financial consequences and/or identity theft, but you may also be left dealing with understandable anxiety.

If your personal information has been exposed or misused following a GDPR data breach, you may be able to make a claim for compensation. This is something our GDPR breach solicitors will be able to support you with.

Our expert team will work alongside you to review your circumstances and advise on whether you have a valid GDPR breach claim. We can also answer any questions you might have about GDPR individual data breaches and the general claims process.

If you are unsure whether a company handling your data has breached UK GDPR, this is something we can investigate further for you.

Why work with Hayes Connor?

At Hayes Connor, our team have considerable expertise in supporting victims of data breaches, including GDPR breaches. Unlike other firms which offer to help with GDPR data breach claims, we have a wealth of combined experience in handling these types of claims.

We are one of the UK’s largest teams of dedicated data breach solicitors. As such, we have detailed knowledge of UK GDPR, what constitutes a GDPR personal data breach and what the potential consequences can look like for victims. Importantly, we also know exactly what actions need to be taken to make things right.

We ensure that the steps involved in making a GDPR breach claim remain as straightforward and stress-free as possible, while also working to secure the maximum compensation. Our GDPR breach solicitors hold an excellent track record of securing compensation for our clients, often without the need for court proceedings.

See what our clients say about working with us.

Start a GDPR data breach claim today

Think that you are entitled to compensation following a GDPR personal data breach? Use our simple and secure online claim form to inform us of the details of your situation, and our team will be in touch shortly to let you know whether we can help.

To speak to a member of our team about pursuing GDPR breach compensation, please call us on 0330 041 5137.

What our clients say

Since Day 1, the feedback from our clients has been fantastic and is a real credit to our team. We are proud of our Excellent rating on Trustpilot and invite you to read some of the recent reviews here.

How Hayes Connor can help with GDPR breach claims

The team at Hayes Connor have specialist expertise in bringing forward GDPR data breach claims on behalf of clients, which means we are perfectly positioned to advise you if you believe that your data has been mishandled.

We are able to offer an initial consultation where we can discuss your personal situation and how a GDPR individual data breach has impacted you. From here, we can help to establish whether you are owed compensation, how much you could be entitled to and how the general claims process works for GDPR data breaches. You may have a claim whether you suffered specific harm or not.

From here, our GDPR breach solicitors can then guide you through the data breach compensation claims process, ensuring you access the right level of compensation.

How to stay safe following a GDPR data breach

If you have reason to believe that your data has been exposed following a GDPR breach, there are several steps you can take to minimise any risk of further harm:

  1. Contact your bank or credit card company – this is where you believe your financial details may have been compromised in the GDPR data leak.
  2. Change your passwords – you should change any affected passwords both on any affected accounts, and anywhere else you’ve used the same ones.
  3. Get up to date cybersecurity software – this can protect you from being targeted by any cybercriminals who access your data.
  4. Register with the Cifas Protective Registration service – they’ll make sure extra checks are carried out if anyone attempts to take out products or services in your name.
  5. Report the breach to the Information Commissioner’s Office – they can investigate how the breach happened and take action against the organisation responsible.
  6. Speak to a data breach expert – as well as confirm if you’re entitled to compensation, they can also advise you on having your data removed so you aren’t at risk from future breaches at the same company.

Find out more about what to do if your data has been stolen in a data breach.

Click here to read on.

GDPR data breach FAQs

What is a data breach under GDPR?

Under UK GDPR, a personal data breach is defined as an incident where a breach of security leads to “the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed.”

It should be noted that this includes GDPR data breaches that are caused accidentally or as a result of deliberate actions. A data breach is about more than just losing personal data. Rather it’s more accurately described as a security incident that affects confidentiality or customer integrity.

What is classed as personal data under GDPR?

Simply put, personal data is any information that relates to an identifiable individual. Many people are unaware that there is a wide range of information which can identify someone as an individual.

It could be as simple as contact details, such as names, phone numbers and addresses, or it could be other technical identifiers, including IP addresses or cookie identifiers. If it is possible to identify an individual from the information being processed, then this is likely to be classed as personal data.

However, even if someone is identified from the data being processed, it is not necessarily considered to be personal data unless it ‘relates to’ the individual.

How long does a business have to report a data breach under GDPR?

A GDPR data breach must be reported to the ICO as soon as possible. The ICO outlines that it should take no longer than 72 hours for a business to report a data breach after they first become aware of the issue. If GDPR data breach reporting takes longer than this, a business must provide an adequate explanation.

Failing to provide prompt notification of a personal data breach under GDPR could also result in the Information Commissioner’s Office (ICO) and other relevant authorities taking action in the form of additional GDPR fines or penalties.

Under GDPR is an individual responsible for a data breach?

Under UK GDPR, there are what’s known as ‘controllers’ and ‘processors’. They both have different roles and levels of responsibility with regard to data security.

Controllers shoulder the highest level of compliance responsibility and are required to follow all of the data protection principles outlined under UK GDPR. Controllers are also responsible for the compliance of their processor(s).

However, it is important to note that processors also have a number of direct obligations under UK GDPR. Both the ICO and individuals may be able to take action against a processor if they have breached their obligations.

All of this means that an individual may be responsible for a GDPR data breach, but this is likely to be heavily context dependent.

How is a data breach reported under GDPR?

There is a strict process which needs to be followed for GDPR data breach reporting.

A business is required to notify individuals about a GDPR data breach where there is a high risk to their rights and freedoms. This must be done without undue delay. When reporting a breach to individuals, a company is required to explain the following:

  • The contact details of data protection officers that can be contacted
  • A description of the data breach and potential consequences
  • A description of the measures that have been taken to address the data breach and mitigate further incidents
  • Advice on steps that can be taken to stay protected

Where a GDPR data breach has occurred, it is also likely that a company will have to report it to the ICO.

What is the penalty for a data breach under GDPR?

UK GDPR breach fines are set at a maximum of £17.5 million or 4% of annual global turnover – whichever is greater.

What is the difference between EU GDPR and UK GDPR?

Essentially, the UK GDPR is the UK’s version of the EU GDPR. It was put in place following the UK’s decision to leave the EU.

The key principles and obligations in both versions remain largely the same, though there are certain implications for the rules on the transfer of personal data between the UK and the European Economic Area (EEA).

UK GDPR also applies to controllers and processors based outside of the UK if their processing activities relate to offering goods or services to individuals in the UK or if they monitor the behaviour of individuals in the UK.

How can you make a compensation claim under GDPR?

The ICO does not award compensation following a GDPR data breach. Instead, a direct claim needs to be taken against the organisation responsible for breaching your data.

Often, with the support of our expert GDPR solicitors, a settlement can be reached out of court. However, where an agreement cannot be reached regarding the level of compensation, court proceedings may be required.

How much compensation can you receive for a GDPR data breach?

It is not possible to provide an exact figure when it comes to GDPR data breach compensation as there are a range of factors which can influence the final figure. These factors typically include:

  • The type of data
  • The amount of data compromised
  • The events that led to the breach
  • The level of responsibility shared by the organisation that has breached UK GDPR
  • The distress caused

Start your GDPR data breach claim today

At Hayes Connor Solicitors, our GDPR breach solicitors can help you make a compensation claim, supporting you through the entire process and minimising the impact on you as much as possible.

Simply use the link above to start your claim, or you can call us on 0330 041 5137 to discuss your situation.

You can find out more about our expertise and how we handle data breach claims here. To have your claim assessed for free, you can use our secure online claim form. Or to speak to a member of our team, please do not hesitate to give us a call on 0330 041 5137.

You can find out more about our expertise and how we handle claims here. To have your claim assessed for free, you can use our secure online claim form. Or to speak to a member of our team, please do not hesitate to give us a call on 0330 041 5137.