Last updated 2nd September 2025. You can seek compensation for a data breach in the UK if you can show that you suffered psychological harm, financial loss, or both due to your personal information being compromised in the incident. The potential compensation payout will depend on various factors, such as the extent of the harm you experienced. In the most serious cases where there has been severe psychological distress and substantial costs incurred, payouts can reach hundreds of thousands of pounds.
Since the introduction of the General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018, data subjects- those who supply personal information to organisations – have a lot more control over how their personal data is processed. In this guide, we shall discuss when a data subject could be eligible to claim against a data controller for a breach of their data privacy.
Our guide aims to take a detailed look at data breach claims and how to sue someone who hasn’t kept your personal information safe. However, if you still have any questions after reading, our advisors can help you.
Our team is available 24/7 to provide you with free legal advice on GDPR data breaches. Additionally, they can connect you with a solicitor when you’re ready to start your claim.
For more information, contact us on 0800 408 7827. Alternatively, please continue reading.
Select A Section
- Can I Sue For A UK GDPR Data Breach?
- What Could I Claim Compensation For After A UK GDPR Breach?
- Who Could I Sue For A Breach Of The UK GDPR?
- What Evidence Can Help Me Sue For A UK GDPR Data Breach?
- Which Sectors Have Data Breaches?
- Accepting A Data Breach Settlement Offer
- Data Breach Claims – No Win No Fee Solicitors
- UK GDPR Data Breach Claims Frequently Asked Questions
- Get Free Data Breach Claims Advice
- Resources
Can I Sue For A UK GDPR Data Breach?
Personal data is any form of data that can be used (either independently or along with other data) to identify who you are.
The Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR) are the laws that are in place to protect personal data. Data controllers and data processors have the responsibility of adhering to these laws to make sure that personal data is safe while it is being stored, processed, and handled.
Data controllers, usually a company, decide why and how personal data should be processed. Data processors act on the data controller’s instruction to actually process the data. Data controllers can also be the data processors, or they may outsource this task to a third party.
If data controllers or processors do not adhere to the data protection laws, this is wrongful conduct. Some instances of wrongful conduct can lead to a personal data breach. In Article 4 of the UK GDPR, personal data breaches are defined as a security breach that causes the unlawful or accidental alteration, disclosure of, loss, unauthorised access to, or destruction of one’s personal data.
As such, you will need to prove the following criteria in order to make a data breach claim. This criteria can be found in Article 82 of the UK GDPR.
- The data controller or processor failed to adhere to the DPA 2018 and UK GDPR.
- Because of this, there was a personal data breach.
- You were affected either financially, emotionally, or both, due to the data breach.
Have a chat with our advisors today to find out whether you are eligible to sue a company for data breach compensation.
How Can A Data Breach Happen?
Data breaches can happen for many reasons. But what constitutes a UK GDPR data breach? Essentially, a personal data breach may mean your data is;
- Destroyed, lost or altered
- Disclosed, accessed, transmitted
All without your authorisation, whether by accident or on purpose and without a lawful basis.
This might include:
- Sending an email that contains personal information to the wrong email address.
- Throwing away documents that contain personal data in the general waste.
- Personal letters posted to the wrong address (this could give rise to a claim against a post office)
- Leaving a laptop that has personal files on, on a train and it not being password protected.
There are many other ways your data could have been breached. If any of the above has happened to you or any other example not listed, you might be able to claim compensation. See below for the types of damages you can claim.
Can I Sue A Company For A Data Breach?
We all have the right to have our personal data protected, stored and handled correctly. If you’ve been a victim of a data breach by a company, you could be awarded compensation.
Compensation will cover financial losses and any psychological distress you’ve suffered. However, it is not enough for a data breach to have affected you. You must be able to establish, using valid evidence, that the data controller failed in its role to protect your data; otherwise, a claim is unlikely.
What Could I Claim Compensation For After A UK GDPR Breach?
Following a UK GDPR breach, you may be interested in learning what harm you can be compensated for. As we stated earlier, if the compromise in your personal data caused financial or mental health harm, you might be compensated. Also, you can be compensated for both types of harm in the same claim, or one or the other.
When you sue for a UK GDPR data breach, your financial harm is referred to as ‘material damage’. For example, if you spent money on therapy to cope with harm to your mental health due to the data breach, this would be considered material damage. Another example would be relocation and/or personal security costs. To recover these losses, you can submit payslips, invoices and receipts as part of the data breach claims process.
Non-Material Damage
You could be eligible to receive between £66,920 and £141,240 in compensation for severe psychiatric damage. When suing an organisation for UK GDPR breach compensation, any mental harm is referred to as ‘non-material damage’. To help value non-material damage, those responsible for providing a calculation for data breach compensation may refer to the compensation brackets published in the Judicial College Guidelines (JCG). The JCG provides guideline compensation brackets for various kinds of harm, including mental health damage.
Our table below looks at brackets for mental harm from the JCG. It also provides a figure in the top row that shows how you could be compensated for very serious damage to your mental health, plus financial harm. This figure was not taken from the JCG. Please also note that the table is provided for guidance only.
| Harm | Severity | Guideline compensation amount |
|---|---|---|
| Multiple severe types of harm with financial impacts, such as the cost of therapy | Severe | Up to £250,000+ |
| Psychiatric damage | Severe (a) | £66,920 to £141,240 |
| Moderately severe (b) | £23,270 to £66,920 | |
| Moderate (c) | £7,150 to £23,270 | |
| Less severe (d) | £1,880 to £7,150 | |
| Post-traumatic stress disorder | Severe (a) | £73,050 to £122,850 |
| Moderately severe (b) | £28,250 to £73,050 | |
| Moderate (c) | £9,980 to £28,250 | |
| Less severe (d) | £4,820 to £9,980 |
If you would like to know how data breach compensation could be calculated or if you would like a free assessment, please speak with an advisor.
Who Could I Sue For A Breach Of The UK GDPR?
Essentially, to hold a valid data breach claim for compensation, you must be able to show that the data controller did not do enough to keep your data safe. For instance, they did not train their staff on data awareness, and this caused your personal information to be exposed. Just because a data breach has occurred does not automatically mean you can make a claim.
Data controllers can do the following as ways of protecting personal data;
- Regular reviews of data protection policies
- Keeping software and equipment up to date with the latest security updates, including a solid firewall
- Data protection and safety training
- Encrypting and backing up data
Although they should ensure your data stays protected, liability isn’t always straightforward. For that reason, it’s important to have the correct evidence for any data breach claims.
What Evidence Can Help Me Sue For A UK GDPR Data Breach?
Like with any type of claim, evidence is key. The evidence you require can depend on what you’re claiming. For example, if you’re claiming for psychological damages, you may be invited for an assessment to get a psychological report. This medical evidence is important in building a valid UK GDPR data breach compensation claim.
Additionally, if you have reason to believe that your data has been breached, you can make a complaint to the Information Commissioner’s Office. They can advise whether a breach has occurred, and that can also be used as evidence.
If you have any questions on the evidence you can use to sue for a data breach, you can contact our team for more help and support.
More Tips On Proving A UK GDPR Breach Compensation Claim
When it comes to making a UK GDPR breach compensation claim, evidence is vital. One of the most important pieces of evidence you can provide your solicitor is a letter or email from the organisation that committed the breach.
Such a letter would usually state that your data has been breached, when it occurred, and details given on the types of personal data exposed, for example, your name, address or, in the most serious of cases, your sensitive or financial information.
If you don’t have any correspondence like this, we recommend getting in touch with the organisation to make a complaint.
Under the UK GDPR, they must provide a response. However, should they fail to do so within 3 months of your initial complaint, you can escalate the matter to the ICO, which may conduct an investigation.
The findings of an ICO report on the incident would also help prove your data breach claim.
If you’ve also been to see your GP or perhaps visited the hospital due to the stress and worry the breach has caused you, the medical notes from these visits would also help you prove your claim.
Medical records like this may also help your solicitor assess how much compensation you could be entitled to for the UK GDPR breach.
To learn more about claiming compensation for a data breach, get in touch today. The advice we provide is completely free and carries no obligation on your part to take the matter any further.
Which Sectors Have Data Breaches?
According to the ICO, they received 12,193 reports of data breaches in 2024. When broken down by sector, the reports were:
- 18% from the health sector
- 15% from education and childcare
- 11% from retail and manufacturing
- 10% from local governments
- 8% from the charity and voluntary sector
- 7% finance, insurance and credit
As you can see from these statistics, data breaches affect a wide range of sectors. Although not all of these breaches may have been eligible to sue for a UK GDPR data breach, there are many cases where individuals have been able to claim compensation.
Please do not hesitate to contact our team of advisors if you have any questions about the different sectors that are impacted by data breaches. Our list does not include all sectors, so please don’t worry if yours was not included.
One of our advisors can provide you with a free initial consultation to determine if you may be eligible to claim UK GDPR compensation. They may also perform a case assessment to explain what factors may influence how much compensation might be paid out in a successful claim.
Some people worry about enquiring because they do not know whether they want to start a claim. We can guarantee that our advice is offered without any obligation to use How To Sue for your legal representation.
Accepting A Data Breach Settlement Offer
During your data breach claim, you and your solicitor will be working towards getting an offer of compensation that you’re happy with. However, you don’t have to accept the first offer. Instead, your solicitor might advise you to make a counteroffer if they think it the best course of action.
Although a solicitor can provide advice using their knowledge of handling other data breach cases, they can’t make any decisions for you. It’s your decision when to accept an offer. However, your solicitor will always guide you through the process if you’re ever unsure.
For more information on how a solicitor can help you, see below.
Data Breach Claims – No Win No Fee Solicitors
If you are eligible to sue for a UK GDPR data breach, you may benefit from the help of our experienced panel of solicitors. They are specialists in data breach claims and may help you by:
- Walking you through the claims process
- Explaining any important legal terminology and documents
- Helping you obtain evidence
- Building your case
- Negotiating settlements on your behalf
When making a data breach claim with our panel, you also do not have to worry about paying for the cost of their services. This is because they operate on a No Win No Fee basis, meaning you may sign a Conditional Fee Agreement (CFA) before you start your claim. Here are some benefits to claiming through a CFA:
- You will not incur any out-of-pocket expenses in terms of upfront or ongoing solicitor fees.
- If your claim is successful, your solicitor will take a legally minimally capped percentage of your compensation. This is referred to as a success fee and represents a payment for their services.
- If your claim is unsuccessful, you do not have to pay any solicitor fees.
Contact our helpful advisors for more information on data breach compensation or to start your claim today.
UK GDPR Data Breach Claim Frequently Asked Questions
Here are the answers to some frequently asked questions regarding UK GDPR data breach claims.
How Long Does Data Breach Compensation Take To Be Paid?
The amount of time it takes for UK GDPR data breach compensation to be paid varies in each case, depending on a variety of factors, such as:
- Complexity, including the circumstances of the breach and the level of harm you suffered.
- The number of people affected by the GDPR data breach
- If the ICO is investigating the incident
How Much Compensation Can I Get From A Data Breach?
You could be awarded between £73,050 and £122,850 if the breach causes severe PTSD affecting all aspects of your life. However, your material damage (if you suffered any), such as needing to relocate or therapy costs, may change the amount you are awarded.
Get Free Data Breach Claims Advice
Our advisors are available 24/7 to provide you with free legal advice. As well as answer any questions you might have. Additionally, they can connect you with a data breach solicitor if you’re ready to make your claim.
We want to hear from you about how a data breach has affected you or someone you know. Contact us on the following so you can get started with your claim today:
- Telephone number – 0800 408 7827
- Live chat at the bottom of the page
- Contact us online.
Resources
- Did your employer breach your data privacy? If so, see our guide on how to sue your employer.
- For more information on what to do if your local council breached your personal information, see our guide.
- Read about the right to object to the use of your personal data from the ICO
- If you’ve been harmed by medical negligence, see our guide on suing a hospital for more information.
We hope you found our guide on how you can sue for a UK GDPR data breach useful, and we want to thank you for reading.