GDPR compensation for distress

Whether your personal information was accidentally disclosed in an email error, or it was stolen in a targeted cyberattack, there can always be side-effects to data breaches. The sensitivity of our personal information means that it can be worrying to learn of its exposure, yet the emotional impact of data breaches can be disregarded in favour of shocking accounts of fraud and theft. However, in accordance with the GDPR, compensation for distress can be recovered as part of data breach claims.

Since its inception, the GDPR has recognised the “material” and “non-material” impact of data breaches, such that both financial losses and distress can be seen as valid reasons for bringing claims. We can account for the specific impact the breach has had on you when valuing your claim.

In our Virgin Media group action, we are looking to help as many victims as possible to claim the compensation they deserve. Among the 900,000 UK victims of the incident, there will likely be varying levels of distress and financial loss, so it is vital that potential claimants do not underestimate their reasons for claiming. Your justification is just as valid as any other eligible claimant.

The emotional and psychological impact of data breaches

Today, we live in a world in which cybercriminals could seek to take advantage of any piece of personal information they can get their hands on. In this climate of information misuse, it is unsurprising that victims suffer distress when their information is affected by a data protection breach.

The threat of data misuse alone can be capable of impacting data breach victims emotionally and psychologically. Some may anticipate scams and fraud at every turn, and others may become nervous about disclosing their information to third-party companies again.

Whatever the individual impact, the important fact to underline is this: it is legitimate to suffer distress for a data breach even if you see no signs of actual data misuse. As such, you can be well within your rights to claim GDPR compensation for distress where the law has been breached.

GDPR compensation for distress – how do claims work?

Data breach claims still represent an emerging area of law, so it may seem unclear to victims how we can go about claiming GDPR compensation for distress on behalf of our clients. In the form of one simple explanation, the severity of the emotional or psychological impact is an important factor that we can take into account, as claimants could receive higher compensation pay-outs where their distress is more severe.

For example, a claimant who had difficulty sleeping in the short-term aftermath of a data breach may receive a lower compensation award than someone who was diagnosed with anxiety by a professional due to the worries instilled in them by the breach, for example. We can instruct medical experts to help us evaluate the distress you have suffered, as this could allow us to justify to the court the amount of compensation that we are seeking.

Make your Virgin Media claim

We hope we have helped to highlight some elements of the process of claiming GDPR compensation for distress. Nothing should stop you from seeking legal advice if you have been affected by distress due to a data breach, and this applies to victims of the Virgin Media data breach.

If you were one of the 900,000 UK victims notified of their involvement in the Virgin Media data breach, this fact alone could be enough to make you eligible for a data breach claim. You can confirm your eligibility today via our online form here.

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