GDPR & Data Protection Claims Solicitors
Where a business fails to adhere to the terms set out in the Data Protection Act 2018 (DPA), or the UK General Data Protection Regulation (GDPR), anyone affected may be able to make a claim for compensation.
At Tayntons, our specialist GDPR and data protection solicitors can quickly and carefully review your situation to establish whether there are grounds for a claim. We can then take action to resolve the situation as swiftly as possible.
We have experience advising individuals who have been affected by data protection claims, in addition to businesses who are facing a complaint following an alleged breach. This gives us an insight into how the claims process works from both sides, allowing us to offer the best advice to secure a fast resolution without the need for contentious, drawn out and costly court proceedings.
We understand that data protection breaches and subsequent claims can be extremely disruptive. We provide straightforward advice that allows you to understand your position and the steps required to put things right.
Our GDPR and data protection expertise
Bringing a data protection claim
If you have been subject to a data protection breach, our GDPR and data protection solicitors can start by meeting with you to assess your situation and obtain a clearer understanding of what information has been compromised.
Once our team understand your case, we will be able to advise if your claim is likely to be successful and, if so, what type of claims you can bring.
Often, with the support of our data protection and GDPR solicitors, an out of court negotiated settlement is possible.
However, if a settlement is not reached, we have the necessary expertise to represent you at court and ensure the best possible result.
It is important to note that, while the Information Commissioner’s Office (ICO) can penalise businesses who fail to uphold GDPR and data protection compliance, they cannot award any compensation following a breach. A claim needs to be made directly against the organisation responsible for the breach.
Defending data protection claims
As a business knowing what data you hold and preventing this from being wrongly disclosed can be challenging.,
If your business is facing a data protection claim from an individual our GDPR solicitors can advise you on your legal position and the most appropriate way to respond.
Depending on the circumstances, this may include liaising with the claimant to negotiate a settlement or preparing for court proceedings to defend your position.
Our team can also advise you on drafting a GDPR and data protection compliance strategy that can be used to address the causes of any breaches and will allow you to fulfil your obligations moving forwards.
Why choose our data protection solicitors?
Our data protection solicitors have strong expertise in supporting both claimants and defendants in data protection claims, helping to achieve positive outcomes for clients throughout Gloucester and Gloucestershire as a whole.
Using our experience and commercially minded approach, we will be able to find workable solutions to achieve the best possible outcome for you.
During an initial consultation with our team, we will take the time to understand your position. We can then proceed to present all of your options in plain English, providing honest and objective advice that leaves you confident about your choices.
We understand that every data protection compliance matter is unique. We are therefore mindful to provide a carefully tailored approach to your matter.
Frequently asked questions about data protection compliance
What are the seven Data Protection Act principles?
The GDPR regulations state seven key principle that detail how organisations are required to process personal data.
These key principles are:
- Lawfulness, fairness and transparency
- Purpose limitation
- Data minimisation
- Storage limitation
- Integrity and confidentiality (security)
Every organisation operating under the terms of the GDPR must follow these principles. Failing to do so could potentially provide individuals with an opportunity to make a data protection claim.
How much compensation can you receive for a data protection breach?
GDPR give individuals a right to claim compensation from an organisation if they have suffered damage as a result of it breaking its data protection obligations. Individuals can claim compensation for “material damages”, this means losses or expenses they have suffered and/or “non-material damage” such as distress.
There is no standard level of compensation that is awarded for breaches of data protection. It is therefore not possible to provide an exact figure with regards to how much compensation can be awarded for a data protection or GDPR breach. Each case will be assessed according to its own facts and circumstances.
However, there are several factors which could influence the final figure (if compensation is awarded). Factors will vary, but they often include:
- The type of data compromised
- The amount of data compromised
- The events that caused the data protection breach (i.e., poor security measures, or human error)
- The level of responsibility shared by the organisation responsible for breaching UK GDPR
- The level of distress caused by the breach
How does UK GDPR differ to EU GDPR?
UK GDPR acts as the UK’s version of the EU GDPR, having been implemented following the UK’s withdrawal from the EU.
The essential principles and obligations remain the same, with the only major difference being the specific implications for the transfer of personal data between the UK and the European Economic Area (EEA).
It should also be noted that UK GDPR also applies to controllers and processors based outside of the UK if their processing activities directly relate to offering goods to people in the UK, or if they monitor the behaviour of people in the UK.
What is considered to be a data breach under UK GDPR?
The ICO outlines that, according to UK GDPR laws, data breaches will lead to “the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data”.
This means that breaches of GDPR and the Data Protection Act can be the result of accidental or deliberate actions on the part of the defendant.
How long does a business have to report a data breach under GDPR?
Any organisation that is aware they have suffered a data breach is legally obligated to report it to the relevant authorities, including the ICO. Guidance from the ICO indicates that breaches should be reported ‘as soon as possible’ and it is advised that it should take no longer than 72 hours for a report to be lodged.
If it takes any longer than this to file a report, the business responsible is required to provide an adequate explanation. Additional fines can be handed out for late notification.
Get in touch with our GDPR and data protection solicitors in Gloucester
For help with GDPR and data protection claims in Gloucester, Cheltenham, the Forest of Dean or anywhere in Gloucestershire, or any other related GDPR legal advice, please contact us today.