Data Breach

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What is a GDPR data breach?

Generally, data breach are brought against a single individual, a company, or a collection of individuals. Moreover, you indict the defendant for being responsible for exposing your personal information in the claim, and you seek monetary damages for the harm caused. According to the law, you may claim cash damages as well as consequential damages, such as lost wages and mental distress.

When does a data breach occur?

  • Privacy has been violated due to a whistleblower case.
  • If you think your information has been misused or exploited.
  • A cybercrime has compromised your personal information.
  • Accidentally disclosed data.
  • If a company or organization misused your personal information for journalistic, without your consent.
  • Data from the claimants companies was leaked as a result of a data breach.
  • The third party shared your personal information without your consent.
  • An organization that doesn't keep accurate, current information on you, resulting in damage to you.

Do I have a right to compensation for a data breach?

In 2018 the GDPR, the General Data Protection Regulation, was introduced. This regulation is intended to protect people’s data and give them control over it if a third party keeps it. In contrast, social networking platforms, internet services, and physical storefronts are considered third parties. As a consequence of the GDPR laws, you will be able to make a data breach claim if you feel that your information has been compromised. Furthermore, you have the right to claim compensation from an organization if they have caused you loss or grief through their violation of any provision of the UK Data Protection Act. If the defendant refuses your request or you are unable to reach an agreement outside of court, you are entitled to take the situation to court and file a legal claim. However, do not forget that you must inform the defendant of your intention to file a lawsuit if the case proceeds to court.

Before you can make a claim for data breach, what evidence must you provide?

It would help if you established that the entity that held your data failed to take all reasonable steps to ensure the safety and security of your data. As a consequence of their negligence, your data was shared or made accessible to other third parties or organizations without your permission. If your data is lost by a company or an individual, you have certain rights. You can file a claim if:
  • A breach can occur when you lose data or are hacked.
  • A third party received your information without your consent.
  • You were harmed by misinformation provided by the company that wasn't updated.
  • You were harmed by the inappropriate use of information about you.

What is the eligibility for compensation in the event of a data breach?

According to the DPA and GDPR, you can file a claim for compensation in the amount of £2,000 or more if:
  • Personal data has been leaked, exposed, damaged and hacked.
  • The breach may have been intentional or unintentional.
  • This happened within the last six years.
  • You were affected emotionally and suffered mental distress as a result of the breach.
  • The firm provided you with free credit monitoring and similar services.

Why Choose Affirm Legal?

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  • Consultation for free.
  • With no hidden fees.
  • Friendly and experienced team.
  • Our firm was ranked as a leading firm in the last five years.
  • The advice we provide will always be specific to the client's needs.
  • For the client, we will choose an experienced local barrister.
  • Affirm legal solicitors can put all of their knowledge to work for you, ensuring that you receive the best possible outcome.
  • We provide comprehensive support throughout England.
Contact Us
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    London, EC1V 2NX
  • Kemp House, 160 City Road,
    London, EC1V 2NX
  • Mail us:
    info@affirmlegal.co.uk
Affirm Legal is the trading name of Affirm Legal Ltd.
Registered office: Kemp House 160 City Road, London, EC1V 2NX. Authorised and Regulated by the Solicitors Regulation Authority.
SRA Number: 816881.
Company number: 13209222.
VAT Number: 381 777 458.
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Affirm Legal is the trading name of Affirm Legal Ltd.
Registered office: Kemp House 160 City Road, London, EC1V 2NX. Authorised and Regulated by the Solicitors Regulation Authority.
SRA Number: 816881.
Company number: 13209222.
VAT Number: 381 777 458.
Facebook Twitter Instagram

All Legal Services

Quick Links