GDPR COMPENSATION

You may be entitled to compensation for a data breach

Note: This is not legal advice and should not be acted upon without speaking to a lawyer.

The Data Protection Commission confirms you are entitled to compensation for any breach of GDPR: 

Article 82 of the GDPR allows for any person who has suffered material or non-material damage as a result of an infringement of the GDPR, the right to receive compensation from the controller or processor for the damage suffered. 

Under the Data Protection Act 2018, if an individual believes his or her rights under the GDPR have been infringed as a result of an organisation’s failure to comply with its obligations under the GDPR, they may bring an action against the organisation. This is known as a ‘data protection action’.

In any data protection action, the court has the power to grant compensation for damage (including material and/or non-material damage) suffered as a result of a breach of data protection law.

Material damage generally means damage for some form of physical loss that can be calculated by a court. In data protection actions (i.e. for breach of GDPR) you would have to show there was some form of physical or economic loss, e.g. a reduction in your credit rating, you were refused a loan, loss of credit, loss of money, unauthorized use of your credit card, etc.

Non-material damage generally refers to non-physical loss or damage that cannot usually be easily calculated by a court, e.g. pain and suffering. In data protection actions (i.e. for breach of GDPR) non-material damage may refer to the distress, hassle, upset and annoyance you might have experienced as a result of the breach. You may be entitled to compensation for non-material damage such as the stress and upset caused by a data breach.​

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If you have suffered a data breach feel free to contact us with no obligation to take a case.

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Contact us now for a free consultation  to see if you are entitled to compensation