GDPR and compensation claims

We’re coming up to the first anniversary of the data law changes next month. Many are still unaware as to how GDPR and compensation claims work, and what the relationship is.

As data breach compensation experts, we can answer the key questions for you.

GDPR and compensation claims can go hand-in-hand, but they can also be viewed as two separate things. The new legislation has made the reporting of data breaches a bigger burden, which has led to an influx of reports since the law changes took place. GDPR can also place a greater burden for accountability when it comes to breaking data laws, and there’s the potential for huge fines.

But compensation is usually something that’s separately pursued to any involvement from the Information Commissioner’s Office (ICO). And that’s why we’re here.

What you need to know about GDPR and compensation claims

When it comes to GDPR and compensation claims, don’t expect to be able to recover compensation just because an organisation has reported a breach of GDPR. To make a claim for compensation for any distress and financial loss caused, you need to instruct a lawyer to pursue a legal case for you.

We can then investigate the case and recover any data breach compensation amounts you may be entitled to receive.

Any GDPR fine that may be issued is there as a punishment and a deterrent. This is usually a separate thing entirely to you – the victim – receiving compensation. The ICO’s role is to investigate potential breaches and make a determination as to whether a punishment should be issued. When it comes to compensation for you, a separate claim can be made, and that’s what we can help you with.

GDPR has altered the landscape in terms of the burden placed on organisations to protect data. We can make your claim on the basis that an organisation is in breach of GDPR, but we can pursue it separately to any ICO investigation.

Do you have to wait until the ICO investigation is complete before claiming?

We get asked this a lot. We assess claims based on their merits, so if we feel there’s a claim to make, we don’t have to wait until any GDPR investigation has been completed.

With some previous reports indicating that organisations are still too slow to report breaches – taking months instead of the 72 hours they ought to report it, for instance – many victims don’t want to wait. In many cases, you can still press on with a claim by instructing us to represent you.

In a sea of over-reporting, incomplete reporting, and lengthy investigations, you don’t have to wait. In a time when many organisations still don’t seem to understand the impact a data breach has on a victim, we’re here to help you.

Making a claim can be easy

GDPR and compensation claims can feel like a minefield at times.

All you need to know is that we make the compensation side of things can be a nice and easy process for you.

We can represent you on a No Win, No Fee basis. You don’t need to worry about upfront costs or huge legal bills if the case doesn’t win, so long as you abide by the terms of the agreement.

Our initial advice is available for free and on a no-obligation basis. We can usually tell you right away if we think you have a case, and if we can take your claim forward, we can do so right away.

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