Breach of GDPR Claim Solicitors
I’m Steven Mather Solicitor and I am an expert in Data Protection and GDPR Law. Although a new area of law, I have dealt with a number of claims for breach of GDPR and every time I strive to provide:
- Plain English Advice
- Time – to understand your situation and all that you’re faced with
- Results – we are driven to get the best possible result for you
- Value – we work on fixed fees where possible
- Convenience – meetings by phone, video call or in person at a time to suit you.
Urgent GDPR Law Advice?
Can I claim compensation for breach of data protection/GDPR?
A personal data breach is a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data.
The Law in the UK is governed by the Data Protection Act 2018. The Data Protection Act 2018 is the UK’s implementation of the General Data Protection Regulation (GDPR).
Sections 168 and 169 of the Data Protection Act 2018 allow individuals to make a claim for compensation for breach of GDPR. The leading case on compensation claims for breach of data protection is Vidal-Hall v Google Inc from 2015, which changed the law and allowed claims for compensation purely on the basis of distress.
There are various types of data breach which occur and for which you should be compensated for if the breach causes you distress or other loss. Examples include:
- Your data has been lost, stolen, hacked.
- Your data has been sent to a third party without your consent
- An organisation has failed to keep your data up to date
- Your data has been used improperly or unlawfully
As a person you have a right that your personal data is “processed lawfully and fairly, on the basis of [your] consent”. If there is a data breach and/or your data is used incorrectly, then you have the right to claim compensation.
How much compensation can I get for a GPDR breach claim?
There are two types of compensation claims you can bring.
Firstly, for financial loss which is where the data breach causes you to lose or spend actual money. The claim here would be to repay that money to you.
Secondly, claims for compensation for distress which is where the data breach has caused you stress and anxiety. As an example, solicitor Steven Mather acted for a reasonably well known Radio Presenter where his personal home address and details of children were incorrectly sent to the wrong address by a public organisation. Although there was no actual loss suffered, he found it very distressing worrying that the public might find out where he lives. We claimed for compensation and were able to recover over £6,000 plus legal costs.
Many data breaches are quite small and would be worth less than £1,000 and therefore it is unlikely that you would instruct a solicitor to deal with the matter. However, for more complex matters, you could potentially receive compensation anywhere between £1,000 – £15,000.
Why use me as a GDPR Specialist Lawyer?
Steven Mather is a very experienced litigation solicitor. I have dealt with hundreds of disputes, from a few thousand pounds up to multi-million pound disputes since I qualified as a solicitor in 2008. In the last few years, I have been involved in a number of claims relating to breach of data protection and GDPR, along with breach of trust and confidence and other tort law claims.
I can help you from start to finish. General steps in a Data Protection Law dispute might include:
- Letter of Claim / Letter before action
- Issuing or defending a claim in the County Court
- Exploring settlement eg via mediation
- Preparing for trial
- Enforcement of a CCJ
* In the interests of transparency, I don’t always win, but I like winning and I want to get you the very best result possible. Rest assured, I will fight your corner every step of the way.
Recent examples of GDPR claims
Here’s a sample of the kinds of breach of data protection disputes I’ve dealt with recently:
- Obtaining around £5,000 for an employee who’s personal (and personnel) data was shared with other colleagues inadvertently
- Compensation of £7,000 in a claim against the NHS for data protection breach
- Settlement of £6,000 for a local radio presenter whose personal information was sent to a third party without consent
How much do GDPR Claims cost?
I typically take GDPR claims for compensation on a fixed fee plus damages based agreement – depending on the circumstances of the data breach and the likely value of the claim.
Typically, our fixed fee would be £350 plus VAT paid upfront and non-refundable, along with a 33% plus VAT sum from your compensation. If we do not recover any compensation, then all you pay is the initial fee.
For example, lets say we recover £10,000. Your costs would be £420, plus £3,960, which is a total of £4,380. You would therefore receive £5,620.
Usually, as these claims are under £10,000 they fall under the “small claims” Court and therefore you cannot recover your legal costs. However, I have had a number of cases where I have been able to recover a contribution to your legal costs.
If you’re unsure on the question of fees, or on any aspect of GDPR disputes then speak to me a litigation solicitor in Leicester.
Just fill in the form on the side of this page, or give us a call to discuss further.
Instruct Me Now
To instruct a breach of GDP specialist, contact me now.
Call on 0116 3667 900 or email email@example.com