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I Have Been Affected By The Capcom Data Breach, Could I Make A Claim

As you may have heard, Japanese video game giants Capcom recently suffered a monumental data breach. As part of a ransomware attack on the developers’ systems, it’s thought that over 350,000 gamers had their personal information compromised. In addition, it’s thought that Capcom’s own financial data was also stolen.

Capcom data breach claims guideIn this article, we’ll provide you with our expert advice on how you could make a successful data breach claim against Capcom. Providing that you can prove their failings were responsible for the subsequent damage that you’ve endured, whether that’s financial losses or mental anguish, you could be entitled to compensation for your suffering.

To help broaden your understanding of data breach claims and how best to go about making one, we’ll attempt to answer some key questions that you may have on the subject, such as:

  • How can the term data be defined and what does a data breach typically involve?
  • What are some principles of proper data protection practice established by UK law?
  • How could reporting the data breach to the Information Commissioner’s Office (ICO) help support my claim?
  • How could an organisation be penalised for their failings that led to my data breach?
  • What categories of damage could I be compensated for as part of a data breach claim?
  • How much compensation could I receive in my data breach settlement?
  • How could I help ensure that I’m giving my claim the best chances of success?

If you get in touch with our team at Legal Expert today, you can get a free consultation from one of our specialist advisors who can tell you all of this information and more. What’s more, you can get legal advice tailored to your unique situation in addition to the guidance provided in this article.

If our advisors believe that you could be able to make a valid claim, they can connect you with one of our solicitors. With years of experience handling a variety of cases and winning clients the compensation that they deserve, our solicitors can help you claim on a No Win No Fee basis. This way, if they don’t win your case for you, you’re under no obligation to pay them anything. Therefore, the financial risk involved with making a claim is minimised to alleviate any anxiety that you may have about it.

So, to receive your free consultation today or learn more about the services that our solicitors could offer you, please don’t hesitate to get in touch with us at Legal Expert today using one of the contact methods listed below:

  • Call 0800 073 8804 to speak to one of our specialist advisors
  • Write out a contact form to get a call back from our team
  • Email info@legalexpert.co.uk and outline your situation
  • Use the chat feature on the bottom right of your screen to get an immediate reply

Select A Section

  1. A Guide To Data Breach Claims Against Capcom
  2. What Is A Data Breach Claim Against Capcom?
  3. GDPR Compliance For European Companies
  4. Action Taken By The Information Commissioners’ Office Or Financial Conduct Authority
  5. Could The FCA Or ICO Help With Your Case?
  6. How Data Breaches Victims Could Be Compensated
  7. How Much Could Data Breach Victims Be Awarded In Damages?
  8. How Do I Make A Claim If Affected By A Data Breach?
  9. Could A Data Breach Solicitor Handle My Case?
  10. No Win No Fee Data Breach Claims Against Capcom
  11. Starting Your Data Breach Case
  12. Data Breach Victim Resources

A Guide To Data Breach Claims Against Capcom

In this article, we’ll provide you with our expert advice on how you could make a successful data breach claim against Capcom. Providing that you can prove their failings were responsible for the subsequent damage that you’ve endured, whether that’s financial losses or mental anguish, you could be entitled to compensation for your suffering.

To begin, we want to first make sure that you’re familiar with what the terms data and data breach refer to as we’ll use them over the course of this article. We’ll also give you a foundational understanding of what UK data protection laws apply to organisations that handle your data to help give you an idea of how Capcom might be in breach of relevant legislation.

We’ll then present you with some examples of how a data breach may happen, ranging from a cyberattack infiltrating software or security systems to simple instances of human error. We’ll also go into detail about the Capcom data breach that you may have been affected by and explain how it happened.

Next, we’ll discuss how you could hold Capcom to account for their failings that led to your data breach, providing you with some steps that you could take in order to do so. These include getting in touch with Capcom directly to raise your concerns with them and filing a report to the Information Commissioner’s Office (ICO) for them to undertake an investigation into whether the company was compliant with data protection laws or not. Both of these steps could help evidence your claim.

We’ll then discuss the different types of damages caused by your data breach that you could claim compensation for. Following this, we’ll give you an idea of how your claim may be valued, using figures from the Judicial College Guidelines as compensation estimates.

To finish, we’ll leave you with our expert tips on how you could give your claim the best chances of success, including how finding a No Win No Fee solicitor could help your case. In addition, we’ll provide you with some additional resources for you to look through at your convenience, as they could be of further use.

As mentioned above, if you get in touch with our team at Legal Expert today, you can get a free consultation from one of our specialist advisors who can tell you all of this information and more. What’s more, you can get legal advice tailored to your unique situation in addition to the general guidance provided in this article.

If our advisors believe that you could be able to make a valid claim, they can connect you with one of our solicitors at your convenience. With years of experience handling a variety of cases and winning clients the compensation that they deserve, our solicitors can extend that same service to you on a No Win No Fee basis.

 What Is A Data Breach Claim Against Capcom?

To begin, we want to first make sure that you’re familiar with what the terms data and data breach refer to as we’ll use them over the course of this article.

Data is a term used to describe the personal information that has the power to be used to identify its subject. In the recent Capcom data breach, this reportedly included:

  • Names
  • Home addresses
  • Dates of birth
  • Telephone numbers
  • Email addresses

A security incident in which any of this personal information is compromised is referred to as a data breach. A data breach can be intentional or unintentional but if Capcom’s failings were responsible for it and you can prove this was the case, then you could be entitled to make a claim against them.

To learn more about how a data breach could happen and how you could establish liability, please continue reading or speak to one of our specialist advisors today.

GDPR Compliance For European Companies

This section aims to give you a foundational understanding of what UK data protection laws apply to organisations that handle your data to help give you an idea of how Capcom might be in breach of relevant legislation.

When the EU enacted the General Data Protection Regulation (GDPR) in 2018, the UK followed by establishing their own standards to help protect personal information and prevent breaches. Under the Data Protection Act 2018, the following rules apply to organisations responsible for handling data:

  • Data subjects’ consent must be given to allow their personal information to be interacted with
  • Data must not be retained for longer than necessary
  • A secure system of data protection must be in place to keep personal information protected
  • Data must be updated irregularly enough to ensure that it doesn’t become inaccurate

Action Taken By The Information Commissioners’ Office Or Financial Conduct Authority

In this section, we’ll present you with everything we know about Capcom’s recent data breach. In addition, we’ll explore how victims may have been impacted by their personal information being compromised and what action is being taken against the company for their failings to protect it.

As you may have heard, Japanese video game giant Capcom recently suffered a monumental data breach. As part of a ransomware attack on the developers’ systems, it’s thought that over 350,000 gamers had their personal information compromised. In addition, Capcom’s own financial data was thought to have been stolen too.

A ransomware attack consists of hackers using victims’ own data against them to blackmail them for money. In order to achieve this, hackers of the Capcom data breach scrambled digital records and even destroyed files to prevent anyone else from being able to access them.

Thankfully, no financial information, such as credit card details, was compromised as part of the Capcom data breach. However, as mentioned in the section above, personal information accessed by hackers included:

  • Names
  • Home addresses
  • Dates of birth
  • Telephone numbers
  • Email addresses

Despite ransomware attacks often leaving victims feeling like they have no other option but to pay the hackers, Capcom refused to be extorted, a decision which law enforcement supported. They did, however, offer their sincerest apologies to anyone affected by the data breach, of which they believe 9 either current or past employees to have been impacted.

Sources:

  • www.bbc.co.uk/news/technology-54958782
  • www.infosecurity-magazine.com/news/capcom-ransomware-breach-may-have

How A Games Company Could Breach Data Protection Regulations

As demonstrated above in the case study, a data breach could occur as a result of inadequate software security leaving personal information vulnerable to unauthorised access.

However, human error can also result in a data breach, with some examples including:

  • Personal information being missent to the wrong recipient
  • Personal information left in view of unauthorised eyes
  • Personal information insecurely stored, risking unauthorised access or accidental damage

Regardless of your circumstances, if you can prove that Capcom was responsible for your personal information being compromised, please get in touch for a consultation today to see how we could help you make a successful claim for the damage that you’ve been caused.

Could The FCA Or ICO Help With Your Case?

In order to have a valid data breach claim against Capcom, you must have sufficient evidence. Reporting the incident to the Independent Commissioner’s Office (ICO) is one way that you could achieve this.

The ICO is an independent organisation that’s responsible for regulating the way in which organisations like Capcom handle data. If you raise your concerns with the ICO, they could investigate the company’s data practices and evaluate whether or not they acted in breach of the law.

If Capcom is found liable for your data breach, this could help support your claim against them. However, please note the following:

  • The ICO aren’t a source of compensation
  • You must report your data breach to the ICO within 3 months of your last meaningful correspondence with Capcom
  • The ICO’s findings do not guarantee a successful claim

How Data Breaches Victims Could Be Compensated

In this section, we’ll discuss the different types of damages caused by your data breach that you could claim compensation for. Generally, compensation for data breach claims has two different categories that it could fall under—material damage and non-material damage.

  • Material damage covers financial losses caused by your data breach. As part of your claim, you could have the opportunity to recover this shortfall. When your personal information is compromised, there’s a risk of identity theft, which can create lasting damage and impact things like your credit rating. Therefore, the potential for future damage will also be considered in your payout.
  • Non-material damage covers the impact that your data breach has had on you. Typically, this includes emotional distress and mental trauma that you’ve experienced as a result of your personal details being compromised. As these things can have an effect on other areas of your life, like relationships and the ability to cope, the extent of your suffering will be assessed to help value your payout.

How Much Could Data Breach Victims Be Awarded In Damages?

Following the Court of Appeal’s ruling which awarded compensation to data breach claimants for non-material damage as part of the Vidal-Hall and others v Google Inc case in 2015, it changed the way that data breach claims were valued for future cases.

Whereas material damage had to have been required in order for a payout to be awarded to data breach claimants, this ruling means that compensation can now be awarded for non-material damage alone.

Like in personal injury claims, the Judicial College Guidelines (JCG) are used as guidance to calculate compensation, with payout brackets for the extent of the claimant’s suffering seen in the table below:

Edit
Suffering Severity Compensation Bracket Details
Psychiatric Damage Less severe Up to £5,500 Day-to-day struggle but a good prognosis
Post-Traumatic Stress Disorder (PTSD) Moderate £7,680 to £21,730 Long-term trauma with a good prognosis
Post-Traumatic Stress Disorder (PTSD) Less Severe Up to £7,680 Improvement of trauma and a good prognosis

How Do I Make A Claim If Affected By A Data Breach?

Earlier, we mentioned how the ICO could help evidence your data breach claim against Capcom if they find them to be non-compliant with data protection laws.

Another way you could establish liability is by reaching out to the company directly to voice your concerns. Any response that contains an admission of failure could be used to support your case that they were liable for your data breach.

Could A Data Breach Solicitor Handle My Case?

Whether you ask around for recommended solicitors or head local to find the best law firm near you, there are many ways that you could source legal help for your data breach claim against Capcom.

However, you don’t need to stay local as the legal system can function over telephone, email and the like, meaning solicitors can connect to clients wherever they are. Therefore, why not get in touch with us at Legal Expert today to see how we could help you?

For more information, please head over to our reviews page and see what our clients had to say about us. Alternatively, keep reading to see how you could speak with one of our specialist advisors.

No Win No Fee Data Breach Claims Against Capcom

At Legal Expert, our solicitors always work on a No Win No Fee basis. This way, if they don’t win your case for you, then you’re under no obligation to pay them anything. Therefore, the financial risk involved with making a claim is minimised to alleviate any anxieties that you may have about it.

In the case that you aren’t familiar with the terms of a No Win No Fee agreement, here are some key benefits that make them such an attractive choice for claimants:

  • There are no upfront costs to pay
  • There are no hidden fees at any point of the claims process

If your solicitor is successful in winning your case for you, then you’ll be expected to pay them a minimal percentage of your compensation called a ‘success fee’. The exact percentage will be outlined in your agreement for you to look over before you sign it, but you don’t need to worry about losing a large cut of your payout as this fee is capped by law to make sure that you receive the compensation that you deserve.

To learn more about the services that we offer, please see the next section or get in touch with one of our specialist advisors today.

Starting Your Data Breach Case

If you get in touch with our team at Legal Expert today, you can get a free consultation from one of our specialist advisors who can tell you all of this information and more. What’s more, you can get legal advice tailored to your unique situation in addition to the general guidance provided in this article.

If our advisors believe that you could be able to make a valid claim, they can connect you with one of our No Win No Fee solicitors at your convenience. With years of experience handling a variety of cases and winning clients the compensation that they deserve, our solicitors could help you make a successful data breach claim against Capcom today provided you can prove the breach and harm caused.

So, to receive your free consultation today or learn more about the services that our solicitors could offer you, please don’t hesitate to get in touch with us at Legal Expert today using one of the contact methods listed below:

  • Call 0800 073 8804 to speak to one of our specialist advisors
  • Write out a contact form to get a call back from our team
  • Email info@legalexpert.co.uk and outline your situation
  • Use the chat feature on the bottom right of your screen to get an immediate reply

Data Breach Victim Resources

Our team at Legal Expert would like to thank you for reading our guide to making a claim for a Capcom data breach. We hope that you’ve found our advice useful.

Lastly, we’d like to emphasise that if you require any more details about anything that you’ve learnt from our guide today, please don’t hesitate to get in touch, where you can receive a free consultation on your data breach from one of our specialist advisors.

In the meantime, please feel free to take a look through some of the additional resources that we’ve provided below at your convenience, as they could be of further use.

Some of our alternative claim-related guides:

Extra resources:

  • What data does a company have on me? – if you’re interested in learning what data a company like Capcom has on you, this guide walks you through the process of how to do so,
  • Report a data breach – if you’re looking to report a data breach, this guide explains how you could do so to the Information Commissioner’s Office (ICO).

Other Useful Guides

Guide by Mavers

Edited by Billing

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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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