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In this guide, we explore what to do after a potential Keurboom Communications data breach. We will provide an in-depth look into the claims process and data breach claims, as well as giving a background on the laws that protect your data privacy.

Keurboom Communications data breach claims guide

In today’s technology-focused world, your data is incredibly valuable. Your personal information can say a lot about you at the touch of a button. That can include your home address, your banking information, and even sensitive data such as medical history. 

Since our personal data can make us vulnerable if it’s accessed without authorisation, there have been laws and policies set in place to enforce data protection, like the Data Protection Act 2018.

However, there are unfortunate circumstances where errors occur. These errors could cause your data to become compromised — which may also cause mental harm and financial damage.

Once you have taken the time to read our guide, you’ll have a clearer understanding of the claims process, how data breaches are caused and what effect they can have.  

But if you have any concerns or questions, please contact our claims team. Our advisers are available 24 hours a day, 7 days a week. And they can offer free legal advice with no obligation for you to proceed with our services. Reach out on 0800 073 8804.

Select A Section

  1. A Guide To Data Breach Claims Against Keurboom Communications
  2. What Is A Data Breach Claim Against Keurboom Communications?
  3. How The GDPR Affects Direct Marketing Companies 
  4. ICO Enforcement Action For Nuisance Calls And Data Breaches By Keurboom Communications
  5. Could I Complain To The ICO About A Direct Marketing Company?
  6. What Types Of Compensation May Claimants Be Awarded? 
  7. Calculating Data Breach Compensation Settlements 
  8. How To Claim Compensation From A Direct Marketing Company
  9. How Do I Find A Specialist Solicitor To Help Me?
  10. No Win No Fee Data Breach Claims Against Keurboom Communications
  11. Starting Your Claim For Damages
  12. Further Information

A Guide To Data Breach Claims Against Keurboom Communications

The security and integrity of your data are paramount, especially in today’s digital world. After all, our data is used for almost everything, ranging from when we sign up to a new gym, purchase clothing online, or to something as simple as paying for a coffee at our local store.

Whenever an organisation uses your data, it should adhere to data protection law. However, there are unfortunate circumstances where data breaches still occur. This could lead to your data being compromised.

In this guide, we aim to answer:

  • How are data breaches caused?
  • What impact could a data breach have?
  • Can I make a compensation claim for a data breach?
  • Could a solicitor take on my case under a No Win No Fee agreement?

It is worth noting that this guide tries to provide you with as much information as possible. However, please remember that we’re not able to detail all aspects of the claims process in one guide. We do, however, try to give you the essential information.

If you find that you have unanswered questions, all you have to do is contact our advisers. They would be more than happy to speak with you, as they are well versed in law and can give free legal advice.

Time Limit

Every compensation claim must be made within the appropriate time limit.

Generally, data breach compensation cases should be begun within 6 years from when you became aware of the incident. However, while 6 years may sound like a long time, beginning your case as early as possible can be crucial. You’ll have time to build your case and your memory may be clearer. 

If a data breach involves a human rights violation, then the time frame would be 1 year.

If you have any doubt or uncertainty about your case meeting the criteria listed above, then please contact our advisers. They understand data breach claims and can help establish whether your case meets the required criteria.

What Is A Data Breach Claim Against Keurboom Communications?

In short, a data breach is when our personal information is accessed, lost, destroyed, altered or disclosed without authorisation. This can be done deliberately, accidentally or unlawfully. 

A data breach may have a severe impact on our life, well-being and even our finances. The General Data Protection Regulation (GDPR), enacted into UK law by the Data Protection Act 2018, requires all organisations that process personal information to take steps to protect it. 

However, while there are laws to promote data security, it could have a profound impact on the victims if a breach happened.

Various types of personal data could become compromised due to a data breach. For instance, if a data breach were to occur, then the following types of data could be exposed:

  • Email address.
  • Home address.
  • Date of birth.
  • Mobile number
  • Bank details.
  • IP address.

It is essential to acknowledge that you could claim if you are a customer or employee who endured a data breach and you suffered mentally or financially. 

Employers that process personal data should adhere to data protection law and ensure employees’ data is being stored safely — even once they have departed the company. 

However, if a breach happened, employee information such as home addresses, banking information and phone numbers could be exposed. Not only could this cause their employees psychological harm, but it may also affect their finances. If so, they may be able to make compensation claims.

Within the sections that follow, we will look at data breach cases in greater detail. But if you have any questions, contact our advisers using the number at the top of the page.

How The GDPR Affects Direct Marketing Companies

The General Data Protection Regulation (GDPR), placed the emphasis on businesses regarding data security. The GDPR has placed pressure onto firms to ensure they act according to the law and operate ethically.

Different parties play different roles in data protection. We’ve clarified three below. 

  • Data controller: The data controller is the one who outlines how and why your data is being processed,
  • The data subject: This is a person whose personal data is processed.
  • Data processor: Data processors sometimes process data on the data controller’s behalf.

Data controllers and have certain responsibilities. These include:

  • Informing the data subject transparently about how and why their personal information will be used.
  • Adhering to data privacy laws and practices — ensuring they conduct themselves in accordance with the law.

Despite the obligations and duties listed above, unfortunate circumstances could result in data breaches occurring. More often than not, we tend to associate a data breach with a digital event, caused by malware for example. However, it is imperative to identify that data breaches can involve physical documents that hold personal data. For example:

  • A filing cabinet containing records holding personal data could be left unlocked and accessible to unauthorised people.
  • A customer could receive a letter addressed to a different customer, exposing their personal information.

Should you have any additional questions relating to the GDPR, this guide to understanding a potential Keurboom Communications data breach, or the different roles in data security, please contact our advisers by calling. Or please feel free to use the live chat in the right-hand corner of the page.

ICO Enforcement Action For Nuisance Calls And Data Breaches By Keurboom Communications

In this section, we wanted to discuss a fine Keurboom Communications Ltd received, issued by the Information Commissioner’s Office (ICO).

After 99.5 million nuisance calls had been reported, the ICO issued a fine of £400,000 to the company. At the time it was the ICO’s highest nuisance calls fine, as more than 1,000 people reached out to complain about the matter.

Customers received the phone calls over an eighteen-month period. The calls customers received were in relation to a range of questions — most commonly, the questions related to road traffic accident claims and PPI compensation. It was even documented that there were cases where repeat calls occurred on the same day and during unsociable hours.

The company hid its identity, which made it hard for people to complain about the calls they were receiving. It is outlined by law that automated marketing calls are only allowed to be directed at those who provide consent. The ICO investigation noted that Keurboom did not have permission, meaning it had breached the law.

Could I Complain To The ICO About A Direct Marketing Company?

As we previously discussed, you will be required to provide evidence to support your case, and one form of evidence you can supply is evidence of a complaint. The Information Commissioner’s Office (ICO) could fine a company for breaching data protection law. However, before you file a complaint through the ICO, it is worth noting that you should try and make a complaint to the company in question.

By making a complaint to the company regarding a data breach, they may look into the matter. You could, however, escalate the matter to the ICO. 

The ICO states that you should only escalate a complaint to the ICO within three months of the final communication you have on the matter with the company. If you wait longer to escalate the complaint, it could affect how the ICO deals with it. 

Please note that an ICO complaint cannot help you gain compensation for any suffering you’ve endured. For compensation, you would be required to make a claim against the company. 

Here at Legal Expert, if you have a favourable claim, our solicitors could offer to take on your case and assist you through the claims process. This could ensure you receive an accurate amount of compensation and get support every step of the way.

If you have unanswered questions about this guide to Keurboom Communications data breach, why not get in touch today?

What Types Of Compensation May Claimants Be Awarded?

Understandably, you might consider taking legal action if you’ve suffered because of a personal data breach. When seeking compensation for a data breach, it is important to acknowledge the compensation process can be broken down into two parts:

  • Material damages —  often awarded to those who experience financial losses caused by a data breach.
  • Non-material damages — typically awarded to those who experience psychological harm.

A data breach could have a serious impact on your life, as it may affect your psychological well-being and finances. In order for your data breach case to be taken into consideration by a solicitor, you will be required to provide evidence. For instance, if you have endured a financial loss, then you would be asked to provide financial documentation, such as credit scores, bank statements, and receipts.

However, if you have endured psychological harm due to a data breach, you would be required to attend a medical assessment. This is so that you can attempt to prove your condition was caused or worsened by the data breach. Additionally, you could use it to prove the severity of your injuries. 

When attending the assessment, the medical professional conducting it will ask you a series of questions regarding your symptoms. They will also evaluate the severity of the harm and determine whether there are future implications.

The information collected from the assessment will be documented in a report. The report will then be used to value and support your case. 

Our solicitors try to organise medical assessments to be as close to your home as possible. To discover more about this process, please do not hesitate to contact our advisers. For your convenience, they’re available 24/7.

Calculating Data Breach Compensation Settlements

Ever since the case of Vidal-Hall and others v Google Inc [2015], those affected by data breaches have the opportunity to seek compensation for psychological harm, even if they haven’t suffered financial loss. Prior to this, compensation for financial loss was paramount and you could claim for mental harm only if you’d suffered financially too. 

Moreover, during this case, the Court of Appeal held that compensation for mental harm could be valued as it is in personal injury law. 

As we enter the final sections of this guide, you may question how much compensation you could be awarded should you take legal action. When discussing compensation, it is important to acknowledge that every claim is unique to the circumstances at hand. 

To illustrate how certain factors can influence the compensation process, we have included the below compensation table that uses information provided by the Judicial College Guidelines. The Judicial College Guidelines is a publication that solicitors may use when they’re valuing injuries. 

Edit
Injury Type Severity Amount Notes
PTSD Moderate £7,680 to £21,730 With the support of a medical professional, great progress would be made. However, some symptoms may have a profound effect.
PTSD Severe £56,180 to £94,470 PTSD of a severe nature will have a life-altering influence, resulting in effects to social and professional life.
Psychiatric Damage Generally Less Severe Up to £5,500 Cases of this nature are often in related to periods of time where daily activities, such as sleep, are affected. In return, cases falling short of anxiety or phobia would be taken into consideration.
Psychiatric Damage Generally Moderately Severe £17,900 to £51,460 Claimants would suffer significantly , but the prognosis would be better than below.
Psychiatric Damage Generally Severe £51,460 to £108,620 The claimant’s mental health would be so damaged that significant parts of their life (such as work) would be affected. The prognosis would be poor.

After looking at the compensation table above, you might have noticed that the type of injury, the severity, and any long-term implications can have a significant impact. 

It is also essential to acknowledge that any financial loss you have experienced, that the data breach caused, may be factored into your case. For instance, if a data breach has occurred, you could experience the following types of financial loss:

  • Medical expenses.
  • Loss of earnings while you recover.
  • Travel expenses to and from therapy.
  • Medication costs.

So if you would like to receive a more precise figure related to your case, please reach out and contact our specialist advisers today. They can help you understand the evidence and justifications you might need to prove you suffered after a Keurboom Communications data breach.

How To Claim Compensation From A Direct Marketing Company

You could be of the opinion that you require a local solicitor to handle your claim, but that isn’t always the case. Thankfully, through the power of the internet, solicitors can offer to take on a claim regardless of location. 

For example, if you have evidence of a valid claim and our solicitors were to take on your data breach case, they could offer to handle the case remotely. So what would this mean? If a solicitor took on a case, you would receive updates and speak via:

  • Telephone.
  • Email.
  • Online meetings.
  • Or by meeting face-to-face.

As we previously mentioned, a lawyer could offer to take on a claim, regardless of location. However, the medical assessment would require your physical attendance, though your solicitor wouldn’t need to attend so it could be local to you.

We would always advise you to reach out and speak to a specialist regarding your case. By clicking the live chat feature in the right corner, one of our advisers will happily chat with you and answer any questions you may have.

How Do I Find A Specialist Solicitor To Help Me?

It’s not necessary to use the services of a solicitor to claim, but we believe it can be an incredible help. In many cases, claimants turn to the internet to help them decide on the best solicitor for their case. By reading client reviews, you can gain a greater understanding of the solicitor’s experience, their success rate, and you can look at previous clients’ opinions.

However, while we strongly suggest reading client reviews to help inform your decision-making process, we would also recommend reaching out and speaking to an adviser. By picking up the phone and speaking to an adviser, you have the opportunity to ask relevant questions, such as ‘Does the solicitor have experience handling cases similar to mine?

No Win No Fee Data Breach Claims Against Keurboom Communications

We naturally receive a lot of questions about the claims process. This includes questions about how claimants can affordably fund the services of a solicitor. It would be fair to assume that nobody really expects to have their personal data unlawfully accessed. Moreover, nobody prepares for the moment they need to take legal action — and for many, finding affordable representation may add to that stress.

It is for this reason why our solicitors could offer to handle your claim under a No Win No Fee agreement. A No Win No Fee agreement offers the following benefits to claimants:

  • Zero upfront solicitor costs, allowing you to begin your case as soon as possible.
  • No solicitor fees to pay while the case is active.
  • You would not have to cover your lawyer’s fees should the case be unsuccessful.

It is worth noting that if your case were to be successful and compensation is awarded, your solicitor will deduct a small fee from the awarded settlement — also referred to as a success fee. The fee covers your solicitor’s expenses for taking on the case, but please do not worry, as the fee is capped by law. The details of this fee will be fully explained in your Conditional Fee Agreement — which is another term for a No WIn No Fee agreement.

Starting Your Claim For Damages

Now that you have taken the time to read our Keurboom Communications data breach guide, you might have additional questions. Alternatively, you might feel that you are ready to begin your compensation claim with a solicitor. No matter what, our claims team is here to help.

Our advisers would be more than happy to speak with you regarding your circumstances. Thankfully, they can offer free legal advice with no obligation for you to continue with the services of our solicitors. 

In addition to their advice, our advisers can also help connect you to our solicitors with exceptional experience.

To speak with our claims team, please use one of the following quick and easy methods:

Further Information

Understandably, now that you have read this guide, you might like to find additional resources to further your understanding of the claims process. It is for that reason we have taken the liberty of including some additional resources.

Below, you will find some additional reading materials we have provided for you to browse. In the meantime, should you have any questions, please refer to the section above and contact our advisers.

Data Breach Compensation: Understandably, you might want to learn more about the claims process. If so, why not take a look at our guide?

Claim Against An Employer: Why not read our guide on how to make a personal injury claim against an employer?

No Win No Fee: Please take a look at our guide to learn more about No Win No Fee arrangements.

Stress Due To A Data Breach: Take a look at our data breach stress guide to learn more.

NHS: Mental health resources.

ICO: How to make a complaint.

Other Useful Compensation Guides

We want to take this opportunity to thank you for reading our Keurboom Communications data breach guide. 

Written by Brennan

Edited by Victorine

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    • Patrick Mallon legal expert author

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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