How Does A Data Breach Compensation Calculator Work?

Data breach compensation calculator guide

Data breach compensation calculator guide

A data breach compensation calculator is a free tool that is available for you to use to help you estimate what you could receive in personal data breach compensation. This guide will explain how compensation calculators work, how the figures are reached, and how a solicitor from our panel could help you make your claim.

We will also explain what a Conditional Fee Agreement is and how one could help you fund legal representation for your claim. This guide will also address when you could claim for harm caused by a breach of your personal data.

Our team of advisors can provide more information on how data breaches can happen and what you can do to protect yourself in the future.

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Select a Section

  1. What Is A Data Breach Compensation Calculator?
  2. What You Need To Show To Claim For A Data Breach
  3. How To Claim For A Data Breach With A Data Breach Calculator
  4. What Types Of Compensation Could You Get For A Data Breach?
  5. Check Our Data Breach Compensation Calculator
  6. Discuss Your Data Breach With Our Team

What Is A Data Breach Compensation Calculator?

A personal data breach compensation calculator is a free tool that can help you get an idea of what you could receive should your personal data breach claim succeed. Our compensation calculator takes figures from the Judicial College Guidelines (JCG), a document used by legal professionals to help them value personal injury claims. 

In order to claim for a data breach, the security, integrity, or availability of your personal data must have been compromised as a result of wrongful conduct on the part of the data controller or processor. You must also suffer harm as a result of the personal data breach in order to be able to claim.

What Is Personal Data?

Personal data is any information that could identify you, alone or when it’s put together with other information. It can include:

  • Phone number
  • Address
  • Date of birth
  • Credit card details
  • Email Address
  • Full name
  • Debit card information

Special category data is a type of personal data that is given extra protection due to its sensitive nature. Special category data can include personal data relating to your:

  • Health information, including your medical records
  • Nationality or ethnicity
  • Religious or political information
  • Sexual orientation

Get in touch with our advisors today for more information on making a personal data breach claim.

What You Need To Show To Claim For A Data Breach

As we mentioned earlier, you must be able to provide proof of certain circumstances in order to claim for a personal data breach. This can range from proof of the breach to proof of the harm you suffered, be it psychological or financial.

There are multiple forms of evidence you can gather to support your claim, including:

You must also ensure that your claim falls within the set time limit. This is generally six years for a claim against a private organisation but falls to one year if it is against a public body.

Contact us today for more information on what you may need to show to prove your personal data breach claim.

How To Claim For A Data Breach With A Data Breach Calculator

The UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA) are the two central pieces of legislation that provide protection for your personal data in the UK. According to data protection legislation, personal data breaches that affect your freedoms and rights must be reported to the ICO within 72 hours, and you, as the data subject, must be informed without undue delay.

However, if you have not been made aware of a personal data breach but suspect that your personal data may have been affected, you can contact the organisation themselves for more information. Should their reply be unsatisfactory, you can make a report to the ICO.

The ICO can impose fines on organisations found to be in breach of data protection legislation, but they cannot provide compensation.

Using our personal data breach compensation calculator can give you an idea of how much compensation you could receive. Get in touch with our advisors today to learn more. 

What Types Of Compensation Could You Get For A Data Breach?

Non-material damages are the head of a claim related to the psychological injuries that occurred because of a personal data breach. For example, you may suffer mental health issues such as depression, anxiety, and stress.

Material damages relate to the financial losses you have suffered due to a personal data breach. For example, if your credit or debit card details were exposed by the breach, this could lead to significant financial harm. This is because criminals may make fraudulent purchases on your credit card, or withdrawals could be made from your account without your permission.

Additionally, the Court of  Appeals ruled through Vidal-Hall and Others V Google [2015] that claimants are entitled to make a claim for non-material damages alone and no longer need to claim in tandem with material damages. Now, each head of claim can be pursued separately as well as both together. 

Get in touch with our advisors today to learn more about the types of compensation you could get following a personal data breach.

Check Our Data Breach Compensation Calculator

Our personal data breach compensation calculator uses figures taken from the Judicial College Guidelines (JCG) to illustrate how much you could receive in non-material damages. The JCG provides legal professionals with a list of psychological injuries and corresponding guideline amounts of compensation to help them value personal data breach claims. 

Psychological InjuriesCompensation brackets Description
Reactive Psychiatric Disorder (Severe)£59,860 to £100,670Effects of the illness prevent any function at the pre-trauma level.
Reactive Psychiatric Disorder (Moderately Severe)£23,150 to £59,860Some change of a better prognosis with professional treatment.
Reactive Psychiatric Disorder (Moderate)£8,180 to £23,150There are no disabling effects remaining.
Reactive Psychiatric Disorder (Less Severe)£3,950 to £8,180A recovery has been achieved in a period of one to two years.
Psychiatric Damage (Severe)£54,830 to £115,730Significant issues coping with daily life.
Psychiatric Damage (Moderately Severe)£19,070 to £54,830While there are still significant issues, the prognosis may have more optimism.
Psychiatric Damage (Moderate)£5,860 to £19,070This bracket includes marked improvement of symptoms by the time of trial.
Psychiatric Damage (Less Severe)£1,540 to £5,860Consideration given to length of disability and severity of symptoms.

However, it is important to note that our compensation calculator cannot give a value for material damages. This is because the amount you could receive will depend on the individual damage you have suffered, and this will differ from person to person. Contact our advisors today for more information on how much you could receive should your claim succeed.

Discuss Your Data Breach With Our Team

Conditional Fee Agreements are a form of No Win No Fee arrangement. Under this kind of agreement, your solicitor will not require upfront fees or ongoing fees. Should your claim be successful, your solicitor will take their payment via a legally-capped success fee. However, your solicitor will not take this fee if your case is unsuccessful.

Our panel of expert personal data breach solicitors can provide legal representation with a Conditional Fee Agreement in place. This means you can get the guidance and knowledge of a legal professional without worrying about paying upfront or ongoing fees with no guarantee of compensation at the end.

Here is how you can contact us:

Examples Of Data Breach Claims

For more helpful guides, you can try: 

Or, for more information:

Contact our advisors today for more information on using a personal data breach compensation calculator.

Writer ZS

Checked by HP/NC