Information about how much the average compensation for a data breach is

Want to know how much the average compensation settlement is for a data breach legal case so you can try and see what you could be owed?

We appreciate that you may want an insight into this, as it is a common thing that people want to know. Whether you are simply intrigued, or you want to gauge if it is worth claiming or not, we can try and give you some pointers. It is not an exact science to be able to just estimate amounts, but we only take forward claims that we think are worth pursuing.

How we value data breach compensation claims

To be able to try and work out how much the average compensation settlement is for a data breach legal case, it is helpful to know how we approach putting a valuation on a claim.

When you claim, you are usually pursuing damages for one or both of the following:

• General Damages: for the distress and suffering caused by the loss of control of your personal information; and/or
• Special Damages: for losses and expenses, like money lost from a fraud or identity theft crime.

In most cases, people claim for the General Damages. The GDPR can allow the victim of a data breach to receive compensation for the distress that is suffered when control over our private information is lost. This usually means that private information we do not want others to generally know is now known, and this usually occurs through the exposure or misuse of that data.

When we work out how much a claim could be worth and we value data breach compensation amounts, we typically consider the following elements:

• What data is involved in the breach;
• How much information is involved;
• Who your personal details have been exposed to, and/or misused by;
• Whether the exposure can at all be restricted or stopped;
• The personal impact on you.

The latter one is a key element. Different people can be affected in different ways, and we do consider the personal impact as it is so important to do so. We also need to carefully consider the context of a breach, which can be better explained by way of some examples:

• A teacher may be more distressed about a private medical status being leaked because it may impact their career;
• Someone whose personal information is protected due to abusive ex-partner could be more distressed when their name and contact details are leaked;
• A person already suffering from mental health problems may be more susceptible to distress.

This can all help to put that final valuation n to a case.

What we can say about what we know

We can try and guide you about how much the average compensation pay-out could be by using some examples of estimations and pay-outs we have been involved with.

Here are some short and simple pointers to assist:

• When we previously looked at average settlements last year, the amount was around £7,000.00;
• We have previously spoken to the media about serious medical data breaches where amounts could be between £15,000.00 and £30,000.00;
• In the British Airways data event group action, early estimations of amounts have been provisionally set at £6,000.00;
• For the Virgin Media Group Action, early estimations have been provisionally set at £5,000.00.

More about how much the average compensation claim could be

How much the average compensation claim can be, and how this may apply to your individual case, is not an exact science.

You can speak to our team for tailored advice about your potential case and whether we can offer to represent you for a claim on a No win, No Fee basis here.

One thing we can tell you for certain is this: we will always fight for the maximum compensation possible.