DATA BREACH CLAIMS
FREQUENTLY ASKED QUESTIONS
What To Do After Discovering A Data Breach…
What should I do if I am the victim of cybercrime?
If you have been the victim of online fraud or identity theft, report this to Action Fraud. You can do this online or via telephone. Action Fraud is the national fraud reporting service. It is the starting point for any police investigation into your loss.
What should I do if I discover I have been the victim of a data breach?
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 seek compensation. Details of any breaches are published on the ICO website.
What are the potential consequences of a data breach?
A data breach can result in both financial and/or identity theft. And the result of either of these can be devastating for you. With enough information, cybercriminals can apply for credit in your name, set up fraudulent bank accounts and access your existing accounts. After a data breach, many victims go on to suffer from stress, anxiety and distress. And, according to Victim Support, the effects of crime can last for a long time.
How Data Breach Claims Work…
What is a data breach claim about?
Following the introduction of General Data Protection Regulation (known as GDPR) and the Data Protection Act 2018, everyone living in England, Scotland, Wales and N. Ireland is entitled to some form of compensation for any breach of their personal data. Any company that mistreats or fails to protect your personal data by allowing a breach or leak to occur, is liable.
What is the ICO?
The Information Commissioner’s Office(ICO) is the UK’s independent data privacy regulator. 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.
Am I a client of Charles Lyndon?
You will only be a part of the claim once you have received an email from Charles Lyndon confirming this.
Who are the Solicitors in my claim?
The Solicitors acting for you are Charles Lyndon. Charles Lyndon is a specialist litigation firm with expertise in large consumer claims. Charles Lyndon have extensive experience of the UK collective action regime gained in building this claim and other similar actions, such as Vehicle Emission claims. Charles Lyndon is a limited company incorporated and registered in England and Wales and regulated by the Solicitors Regulatory Authority.
What can I claim for?
You can claim for both damages and distress. You can also claim for the failure to protect your data, even if you haven’t suffered as a result.
Who Can Make A Data Breach Claim?
Who is eligible for a claim?
Any individual who has had their personal information put at risk by a data breach. . If a company does not protect your data in the way it is legally obliged to do, you can claim compensation for this data privacy failure.
I have contacted either the police or the ICO can I still claim?
Yes you can still claim. We advise you report your matter to the ICO and/or Police depending on the circumstances. Any report that the ICO or Police provide you with will be helpful to you claim. You also do not have to choose between the criminal and civil justice systems as proceedings can take place simultaneously.
Can I sue a company for a data breach?
If an organisation has failed to protect your personal data, you have a right to claim compensation.
Can I sue my employer if they have breached my data?
Any individual who has had their personal data exposed or put at risk can make a claim for compensation. This includes customers, employees and former employees.
Costs And Compensation for Data Breach Claims?
How much will this cost me?
Our fees are based on a ‘no win, no fee arrangement’ which means that there will be no cost to you upfront or if the case is unsuccessful.
In return for Charles Lyndon and the third-party funder investing their time and resources into bringing the claim, they will receive [XX] exclusive of VAT of your compensation, but only if your claim is successful.
What is a no win no fee Claim?
We run many group claims on a ‘no-win, no-fee’ basis. This means that, if your claim is not successful, you won’t have to us anything. There are no hidden charges or other administration fees.
A group claim like this one is a claim that is brought together with fellow claimants that have suffered the same, or similar loss.
How much compensation can I expect?
This all depends on the type of breach and the type of damages suffered. Click on our cases to see the estimated likely amount of compensation you may be entitled to.
How To Start Your Data Breach Claim?
How do I start the claim?
All you have to do is choose the company that has breached your data from our list of selected cases from the main menu. If the data breach isn’t listed, please report it to us and we can assist you. You will then be asked to sign up to the claim and provide some further details regarding their data breach.
Is there a time limit?
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. In some group action cases, there will also be deadlines set by the court to join a case. With strict time limits in place, and so it’s important to act now.
How long will the claim take?
Each case is different. It is expected that your claim will last between 6 months and 2 years. We always keep you updated so you know what is happening and what to expect.
How do I know if my claim has been breached?
You will normally receive a notification from the organisation informing you that your data has been breached. However, you can always check with us or the ICO website and news page.