Data Breach Compensation – A Step By Step Guide To Claiming
You could make a data breach compensation claim if you have been financially or psychologically harmed due to your personal data being breached. Those processing, handling, and storing your personal data must abide by data protection laws to keep your data safe. If they fail to do so, and you were harmed as a result of the personal data breach, you may have a valid compensation claim. A specialist data breach solicitor from our panel could help you understand your rights, and guide you through the claiming process.
Key Points
- There must be a lawful basis for the storage, handling, or processing of personal data.
- Claims may be made for financial loss, emotional harm, or both.
- Data breaches may be due to cybersecurity incidents, or due to human error.
- 3,242 data security incidents were reported to the Information Commissioner’s Office (ICO) in Q2 (April to June) 2025 (Q2 2025)
- A data breach solicitor could help you collect evidence, submit your claim within the time limit, and do so on a No Win No Fee basis.
Talk to a member of our team today to discuss your case, receive free advice and ask any questions you may have:
Jump To A Section
- What Is Classed As A Data Breach?
- Who Can Claim Data Breach Compensation?
- What Data Breach Compensation Can Be Awarded?
- Can Compensation For A Data Breach Cover Material Losses?
- How Might A Data Breach Occur?
- Examples Of Sectors And Industries Where Data Breaches May Happen
- UK Data Breach Statistics And Figures
- Do Data Breaches Need To Be Reported To The ICO?
- What Other Evidence Can Support A Data Breach Claim?
- Data Breach Compensation Claim Time Limit
- How UK Law Can Help Claim Data Breach Compensation
- Frequently Asked Questions
- Learn More
What Is Classed As A Data Breach?
A data breach is classed as a security incident involving the unlawful or accidental disclosure, destruction, alteration, loss or access of personal data. This can include incidents in which your personal information is accessed without a legal basis, is sent to the wrong person, or is exposed due to lapses in data security.
Data controllers and data processors have a duty to protect data subjects personal data. They must ensure that they handle, process, and store your data in accordance with the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR), as together they sit as data protection laws.
But what is a data controller, data processor and data subject?
- Data controller, this is an organisation determining how, when, and why your data may be used in accordance with relevant legislation.
- Data processor, this is usually an agency that processes personal data on behalf of the data controller.
- Data subject, this is a living person who may directly or indirectly be identified by the data.
Personal data includes any information which can be used to directly or identify you in combination with other information. This can include your:
- Name
- Home address
- National insurance number
- Phone number
Personal data can also include special category data. This is data that is deemed to be more sensitive and therefore needs extra protection. This could include data regarding:
- Racial or ethnic origin
- Health
- Sexual orientation and sex life
- Political opinions.
Continue reading to see when you could make a data breach compensation claim. You can also contact our advisors to discuss your case.
Who Can Claim Data Breach Compensation?
You can claim data breach compensation if your personal data has been compromised due to an organisation’s failure to adhere to data protection legislation, causing you financial or emotional harm.
Essentially, your case must demonstrate:
- An organisation failed to adhere to data protection laws.
- This led to a breach of your personal data.
- The breach caused you psychological injuries, financial harm, or both.
To see whether you may have an eligible data breach compensation claim, you can contact our advisors.
We are here to help you
Here at UKlaw our expert advisors are on hand 24 hours a day 7 days a week to assess your compensation claim. Should you require free legal advice we can connect you to a specialist solicitor.
What Data Breach Compensation Can Be Awarded?
Data breach compensation can be awarded for financial losses, emotional distress, or both. Claimants may seek compensation for their non-material and material damage.
Non-material damage is the psychological injuries suffered due to your personal data being breached. This could include depression, anxiety and post-traumatic stress disorder.
Material damage is the financial losses you have suffered due to the personal data breach. We will share some examples in the next section.
To help value the impact of psychological or mental harm, solicitors could refer to the Judicial College Guidelines (JCG). This publication contains compensation guidelines for different psychiatric and physical injuries.
We have taken examples from the JCG regarding mental injuries to create this table. Please note that the first row figure does not come from the JCG. Additionally, these figures are not guaranteed.
| Harm | Severity | Compensation |
|---|---|---|
| Severe mental harm and financial losses | Severe mental harm and material damage such as lost income and medical expenses. | Up to £500,000+ |
| Psychological damage | Severe - Marked problems with daily life and relationships | £66,920 to £141,240 |
| Moderately severe - More optimistic prognosis than severe cases | £23,270 to £66,920 | |
| Moderate - Marked improvements by trial | £7,150 to £23,270 | |
| Less severe - Length of period of disability is taken into consideration | £1,880 to £7,150 | |
| Post-traumatic stress disorder | Severe - Permanent effects preventing the person from function as they did pre-trauma | £73,050 to £122,850 |
| Moderately severe - Some room for recovery with professional help | £28,250 to £73,050 | |
| Moderate - Largely recovered | £9,980 to £28,250 | |
| Less severe Full recovery within 1 to 2 years | £4,820 to £9,980 |
A data breach solicitor from our panel could help to value your data breach claim. Contact our advisors today to learn more how they could help you.
Can Compensation For A Data Breach Cover Material Losses?
Yes, compensation for a data breach can cover material losses. Examples of material damage you have suffered that you could receive compensation for include:
- Earning lost if you took time off work due to the breach.
- The cost of therapy or counselling services.
- Home security costs if you had cause to fear for your safety.
- Relocation costs, again if your home security was compromised.
Contact our advisors today to learn more about the other types of financial losses you may be able to claim for as part of your personal data breach claim.
We are here to help you
Here at UKlaw our expert advisors are on hand 24 hours a day 7 days a week to assess your compensation claim. Should you require free legal advice we can connect you to a specialist solicitor.
How Might A Data Breach Occur?
A data breach may occur due to a cybersecurity incident (such as an organisation not having up-to-date cyber security, resulting in a cyber attack,) or due to human error.
The ICO report that in Q2 2025, 76% of incidents reported to them were non-cyber incidents.
Below, we share some examples of the most common data breach causes per ICO findings in Q2 2025, and when you may be able to claim for each.
Data Emailed To The Wrong Recipient
Data being emailed to the wrong recipient was the most common incident type reported, making up 19% of reports made in Q2 2025.
- A hospital sends a patient’s medical history to the wrong email address due to mistyping it. The recipient is not authorised to view the records. This causes the patient immense anxiety as a stranger now has access to their medical history.
Unauthorised Access
14% of data incidents reported to the ICO in Q2 2025 we due to unauthorised access to personal data.
- A social services employee shares your personal data over the phone with your abusive ex-partner, despite your file explicitly stating they do not have authorisation to access this information. This causes you immense stress and you have to move home out of fear.
Failure To Redact
Failure to redact accounted for 7% of reported incidents to the ICO in Q2 2025.
- A local authority publishes planning documents online, failing to redact the names, addresses, and phone numbers of residents who objected to the application. This causes emotional distress to those residents affected.
These are just some examples of how a personal data breach could occur. Please speak to a member of our team to find out if you could make a data breach compensation claim for your specific circumstances.
Examples Of Sectors And Industries Where Data Breaches May Happen
Examples of sectors and industries where data breaches may happen include sectors such as healthcare, local government, finance and legal.
Below we provide examples of sectors and industries that reported data incidents to the ICO in Q2 2025:
- Healthcare data breaches – 590
- Education and childcare – 443
- Retail and manufacture – 386
- Local government – 270
- Finance, insurance and credit – 253
If you have any questions about making a claim for a breach of your personal data, you can contact our advisors.
UK Data Breach Statistics And Figures
UK data breach statistics and figures from the ICO report that 12,195 data incidents were reported in the UK in 2024.
- 9,079 of these incidents were non-cyber
- 3,116 of these incidents were cyber
Per these incidents reported to the ICO in 2024, the following data subjects reported their data being breached:
- Customers or prospective customers – 3,693
- Employees – 3,681
- Patients – 1,887
- Children – 1,734
- Users – 1,224
If your personal data was breached, contact our advisors today to see how we could help you.
Do Data Breaches Need To Be Reported To The ICO?
Organisations must report data breaches to the ICO within 72 hours of their being aware of them. Additionally, they must inform someone of their personal data has been breached without undue delay if they believe their rights and freedom may be at risk.
Individuals can also report data breaches to the ICO if they are unhappy with the response provided by an organisation. However, this report must be made within 3 months of the last meaningful communication with the organisation responsible for the breach about the breach.
The ICO may investigate the breach, what caused it, and how severe it was. They will then determine whether they need to take any enforcement action. The failure to report a breach could result in the issuance of fines, as well as damage to the organisation’s reputation.
Any finding from an ICO investigation could be used to support a personal data breach claim.
Continue reading to learn more about the other types of evidence you could gather. You can also contact our advisors to discuss your case.
What Other Evidence Can Support A Data Breach Claim?
Evidence that could support a data breach claim include notification letters, financial statements and medical records
Examples of evidence that could show the data breach happened include:
- A notification letter or email detailing what personal data of yours was compromised and how
- Any communication with the organisation responsible for the breach
- The findings from an ICO investigation
Evidence examples that could show the psychological harm you suffered include:
- Your medical records
- A diagnosis letter from a psychiatrist
Examples of evidence that could show the financial losses you suffered include:
- Payslips to prove any loss of earnings
- Invoices for therapy fees
- Bank statements for home security or relocation costs
One of the solicitors on our panel could help you with gathering this evidence. Contact our advisors today.
Data Breach Compensation Claim Time Limit
The data breach compensation time limit is up to 6 years to begin the claiming process.
If you contact our advisors, they can let you know whether you are still within this time limit and also connect you with a solicitor from our panel.
How UK Law Can Help Claim Data Breach Compensation
Here at UK Law, our panel of expert solicitors could help you claim data breach compensation by guiding you through the claiming process with their years of knowledge and experience. Some of the expert services they can offer to their clients include:
- Explanation of legal terms used throughout the claims process
- Filing your claim within the time limit
- Helping you gather supporting evidence
- Negotiating your compensation to cover your material and non-material damage
- Handling all communication with the defending party
Additionally, the solicitors on our panel can offer these services to you under a Conditional Fee Agreement, which is a type of No Win No Fee contract. With this in place, you could experience the following:
- Having nothing to pay for their services upfront
- No ongoing service fees to pay
- Nothing to pay for their services if the claim fails
- Paying a success fee from your compensation to your solicitor following a successful claim. The law caps the maximum percentage this fee can be
Contact Our Advisors
Contact our advisors today to be connected with a data protection solicitor from our panel. After discussing your case with them, there is no obligation to move forward with us.
- Call us on 020 3870 4868
- Use our live chat.
- Click here to claim online.
Frequently Asked Questions
Here we answer frequently asked questions about data breach compensation claims:
How Will You Know If Your Data Was Breached?
You will know if your data was breached if you receive a data breach notification letter, notice suspicious activity on your accounts, or see reports of the breach. Potential signs of your data being breached can include unexpected calls, messages, or emails, as well as unknown transactions on your accounts.
How Can Further Damage And Loss Be Prevented?
Further damage and loss can be prevented by taking proactive steps such as changing login details, restricting use of affected accounts, and monitoring them for misuse. Steps may include enabling two-factor authentication and changing passwords or phone numbers.
Will It Cost To Claim Data Breach Compensation?
It costs nothing to start a data breach compensation claim, but there may be some fees you need to pay throughout the course of your claim, such as for an independent medical assessment.
What Is The Average Data Breach Settlement?
Whilst there may be an average data breach settlement, this will not be relevant to your claim. This is because all cases are assessed and valued individually, based on their own merits.
Learn More
Additional data breach claims we could help you with:
- Here we examine what a stolen phone data breach is.
- Learn how to report a data breach in our resource.
- Here we look at whether you could claim if an employee shares personal data via Whatsapp.
References:
- Find guidance for you and your family in this resource from the National Cyber Security Centre.
- The ICO provides information on the right to object to the use of your data.
- Find information and support for your mental health from the NHS here.
Thank you for reading this data breach compensation claims guide.
