Breach of Data Protection Claims

Under the Data Protection Act 2018, data controllers (the business, public body or person who determines the purposes and manner in which the data is used) have a legal obligation to ensure that this information is used for specific purposes, up to date and accurate, held safely and securely and used fairly and stored for no longer than is required.

If a person’s data is unlawfully/negligently held or mishandled (e.g. it is inaccurate, incorrectly altered, disclosed, lost or deleted) or it has been the subject of cybercrime, the data breach could have serious personal implications for the individual involved, such as financial and/or identity theft or it could have a detrimental impact on their career aspirations.

If this happens the victim of the data breach may be able to make a claim for compensation from the data controller due to the damage and distress that this has caused them. In such circumstances, it is important to obtain legal advice from a specialist team of solicitors.

How our solicitors can help with data breach compensation claims

At Nelsons, our expert solicitors in Derby, Leicester and Nottingham can provide specialist advice on pursuing a data breach claim for rectification of the offending records and compensation for the damage caused. Our team ensures that errors made by a data controller are corrected and that victims receive compensation for the damage and distress that a breach has caused.

We can provide support in bringing a claim against a business, public body or an individual who has accidentally or intentionally misused/mishandled a person’s personal and sensitive data, or conversely, we are equally able to provide advice in preventing claims from being made or defending proceedings against alleged breaches.

Our team have experience in advising in a wide range of data protection breach compensation claims, including:

Compensation

The amount of compensation that can be awarded for a data protection breach claim varies depending on the damage caused by the breach. With successful claims, the compensation awarded is intended to put a person back in the position they were in before the data breach occurred.

Our solicitors have a strong track record of securing substantial compensation for our clients with damages being awarded for:

The East Midlands Cyber Resilience Centre

Nelsons is a Community Ambassador at the East Midlands Cyber Resilience Centre (EMCRC), which works with businesses to educate, grow and strengthen their resilience to online crime and cyber attacks. The EMCRC is part of a growing UK network of Government-funded cyber resilience centres. Led by the Police, it works in partnership with the private sector and universities to provide FREE support to small and medium sized businesses across the East Midlands.

Additionally, Kevin Modiri, Partner and head of our Civil Litigation team, is a Strategic Adviser to the EMCRC’s board.