Last Updated 23rd January 2025. If you make a data breach claim, value is a factor that changes throughout. While it becomes easier to calculate as the case progresses, its true value is only known at the end. However, you can take steps to understand the sort of data breach compensation amount you might be owed, especially if you work with a solicitor. This guide explains how.
Data breach claim value often depends on the nature of the data breach and the evidence you have to show it happened. We’ll discuss whether you can file a personal data breach claim and the proof you could provide to support your case. We will discuss how data breaches could happen and the steps you could take if they do.
We’ll also examine the benefits of working with a data protection solicitor from our panel and the services they could offer on a No Win No Fee arrangement. They are experts and are best positioned to guide you through the legal process.
If you have any other questions about data breach claims, please don’t hesitate to get in touch for a completely free initial consultation. There’s no obligation – just expert advisors ready to help:
- Call on 0800 408 7825
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Select A Section
- Data Breach Compensation Calculator – What Is The Average Payout?
- Data Breach Compensation Claims Criteria
- Do I Need Evidence To Claim Data Breach Compensation?
- Make A Data Breach Claim With A No Win No Fee Solicitor
Data Breach Compensation Calculator – What Is The Average Payout?
When making a personal data breach claim, you may wonder how much compensation you can seek. A data breach compensation calculator may help you better understand what this amount could be—these types of compensation calculators work by asking you specific questions about your claim. Alternatively, you could refer to the table that we have created below.
A successful claim could compensate you for two types of loss:
- Material damage to your assets and finances.
- Non-material damage for psychiatric damage.
Non-material damage refers to the psychological harm your data breach caused. Those valuing your claim for non-material damage may refer to the Judicial College Guidelines (JCG) for assistance. This document provides compensation guidelines for various psychological and physical injuries.
In the table below, we have listed some guidelines from the JCG’s 16th edition. Please only use this as a guide. Also, note that the first entry is an estimated figure that we have added.
| Injury | Severity | Guideline Amount |
|---|---|---|
| Psychological Harm Plus Significant Material Damage | Very Severe | Up to £250,000 or more |
| Psychological Damage | Severe (a) | £54,830 to £115,730 |
| Moderately Severe (b) | £19,070 to £54,830 | |
| Moderate (c) | £5,860 to £19,070 | |
| Less Severe (d) | £1,540 to £5,860 | |
| Post-Traumatic Stress Disorder (PTSD) | Severe (a) | £59,860 to £100,670 |
| Moderately Severe (b) | £23,150 to £59,860 | |
| Moderate (c) | £8,180 to £23,150 | |
| Less Severe (d) | £3,950 to £8,180 |
Material damage refers to financial losses you experience because of a personal data breach. Suppose your financial advisor fails to update their web security regularly, allowing hackers to access your name and address. You relocate, and a medical professional confirms this is necessary for your mental well-being. The doctor’s note and invoices from the moving company would prove the data breach caused material damage.
To receive a free valuation of your claim or to discuss data breach compensation amounts for UK-based claims, you can contact a member of our advisory team.
Data Breach Compensation Claims Criteria
Now that we have shared some guideline data breach compensation amounts for UK-based claims, you must know the eligibility criteria for a valid personal data breach claim.
Personal data is any information that could identify you, alone or in combination with other information. Examples include your name, mobile number, and national insurance number.
Any organisation that processes the personal data of UK residents must take all the necessary steps to protect that data. Additionally, it must adhere to the Data Protection Act 2018 (DPA) rules and the UK General Data Protection Regulation (UK GDPR), which together form data protection laws.
An organisation failing to comply with these laws could cause a data breach. A personal data breach is a security incident that affects personal data’s integrity, availability, and confidentiality.
To have a valid claim, you must be able to demonstrate:
- A data controller or processor failed to follow data protection law.
- That failure risked the integrity, availability, or confidentiality of data that could identify you.
- You suffered financial losses or psychological harm as a result.
To discuss the eligibility of your claim or to learn how to use a data breach compensation calculator, you can contact our advisory team.
Do I Need Evidence To Claim Data Breach Compensation?
To make a data breach claim, you must show evidence of the three eligibility criteria above. Examples include:
- Correspondence between yourself and the organisation that breached your personal data.
- The outcome of an ICO investigation.
- Any relevant medical records.
- Copies of bank statements or relevant invoices.
Don’t hesitate to contact one of our advisors if you need help gathering evidence to support your claim. They offer free advice 24 hours a day, 7 days a week.
Make A Data Breach Claim With A No Win No Fee Solicitor
If our advisors believe you are eligible for data breach compensation, they can connect you to a solicitor from our panel. They can make your claim under a type of No Win No Fee arrangement named a Conditional Fee Agreement (CFA). The benefits of this include:
- You don’t have to pay your solicitor any upfront or ongoing fees.
- You will not have to pay your solicitor for their services if the claim does not succeed.
- If the claim succeeds, your solicitor takes a legally capped percentage of any compensation.
Contact our advisors today if you want more information about claiming on a No Win No Fee basis. Additionally, our advisors could discuss how to claim for a personal data breach and data breach compensation examples.
- Call on 0800 408 7825
- Complete our Contact Us form for a free call-back.
- Use our Live Chat service below.
Learn More About How Data Breach Claims Work
Thank you for reading our guide about checking your data breach claim value and whether you can use a data breach compensation calculator. We hope it was useful for you. Please see the links below to learn how data breach claims could work.
- Data Breach Claim for a Wrong Email Address – You could claim compensation if an email address mistake caused a data breach. Learn how from our article.
- Stolen or Lost Device Data Breach – Was your data breached due to a device being lost or stolen? Find out how to claim compensation here.
- Failure to Use BCC Data Breach—If a controller breaches your data by failing to use BCC properly, learn how to claim it here.
- Details of UK GDPR – The English law that retains data protection regulations introduced by the EU.
- NHS Talking Therapies – An NHS page on available talking therapies.
- Data Security Incident Trends – The ICO’s statistics on recent data breaches.
If you are unsure of the value of your data breach claim or have any other related questions, don’t hesitate to contact Public Interest Lawyers. Our advisors can talk to you online or on the phone using the contact details in this guide.
