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Uswitch Data Breach Compensation Claims Guide – How Much Compensation Can I Claim?

My Data Privacy Was Breached By Uswitch, Could I Claim Compensation?

This guide about data breach claims against Uswitch aims to help you. Uswitch is a popular price comparison site which is based in the UK. It allows consumers to compare the prices of broadband packages and TV packages, mobile phone contracts, energy, insurance and personal finance products.

To operate, Uswitch collects personal data from its customers and employees. To protect the data privacy and security of these people, companies abide by legislation such as the General Data Protection Regulation (EU GDPR), the UK GDPR and the Data Protection Act 2018.

If a data breach occurs due to a company’s security failings, it could be fined by the Information Commissioner’s Office (ICO). The ICO is an independent authority that enforces data protection laws.

Uswitch data breach claims guideIf you have been mentally or financially affected by a data breach caused by a company’s failings, Legal Expert could help you. We could connect you with a skilled data breach solicitor to handle your compensation claim. They will be able to value your compensation claim accurately and negotiate on your behalf.

To see if you can begin your claim, call Legal Expert today for your free telephone assessment. A skilled data breach lawyer could be appointed to your case right away if we can see that you are owed compensation.

Call us on 0800 073 8804. Alternatively, use our online claims form to reach us.

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A Guide To Data Breach Claims Against Uswitch

Uswitch was founded in the year 2000 by Lord Milford Haven as an energy comparison site. In 2001, Uswitch also began offering price comparison services for telephone and communications products.

Do consumers have to pay to use Uswitch? Uswitch is free for customers to use. Instead, it earns commission from some of the suppliers it lists, when a customer chooses to purchase products from them through Uswitch.

In order to operate its business, Uswitch collects personal data from its customers. Consumers need to have an account to use parts of the site. Uswitch collects personal information such as names and email addresses. The business also tracks the customer’s use of the site and previous purchases through the site in order to market to them more effectively. It also allows customers to opt into receiving marketing emails.

In order to be UK GDPR compliant, price comparison sites should protect the personal information they collect and process. This means managing your personal data in a way that ensures security and privacy.

To make a personal data breach claim, it needs to be proven that the defendant, such as a company, did something wrong. Additionally, you’d need to prove your resulting suffering.

For example, the company may not have updated their cybersecurity, leaving personal data susceptible to cybercriminals. If a cybercriminal accessed your personal information due to this and caused you financial loss or psychological harm, you could claim.

If you have evidence of a valid data protection breach claim, contact Legal Expert. Our advisors give free legal advice and you’ll be under no obligation to proceed with the services of our solicitors.

What Are Data Breach Claims Against Uswitch?

The General Data Protection Regulation is an EU law. The Data Protection Act 2018 enacted this into UK law. And the UK GDPR sits alongside the Data Protection Act. Essentially, data protection law requires those who collect and process personal information to protect it.

A data controller decides how and why personal information should be collected and processed. Organisations and companies can be data controllers. A data subject is someone whose personal information is collected or processed.

Personal data or information is anything that can identify you directly or be used alongside other information to identify you.

What is a data breach?

A data breach is when the security of personal data is compromised. It causes personal data to be lost, disclosed, accessed, altered or destroyed unlawfully or without authorisation. A data breach can happen accidentally or deliberately.

Why do data breaches occur?

A data breach could happen because of human error. For example, if a letter containing a customer’s personal information is sent to the wrong address (despite the company having the correct address on file), it could expose the data to an unauthorised third party.

A personal data breach can also occur if an employee accidentally adds confidential files containing personal data to a mass email. If there was no lawful basis for this and an unauthorised person accessed the data, this would be a data breach.

Unfortunately, data breaches can take place because of malicious actors. In some instances a cybersecurity incident happens, where hackers use malware (malicious software) to steal personal data. This can leave the people whose data is stolen vulnerable to identity theft and fraud, depending on what data is accessed.

We will look at types of cyber attacks that can occur in more detail later in this guide.

Time Limits For Data Breach Claims Against Uswitch

There is a time limit for making a breach of data protection claim for compensation.

  1. Data breach claims have a 6-year time limit.
  2. Data breach claims where your human rights were violated have a 1 year time limit.

How Can Businesses Comply With The GDPR?

Organisations (including businesses) have to show UK GDPR compliance. The legislation is designed to protect the privacy and security of individuals whose personal data is collected, processed and stored.

The following roles and responsibilities are involved in personal data processing:

  1. The data subject: A person whose personal data is collected, processed and stored by an organisation. They could be a customer, an employee or anyone else who is involved with the organisation.
  2. The data controller: The organisation or company, for example, that decide why and how they’ll collect, process and store personal data.
  3. The data processor: This is a party, such as another organisation, that can be hired by the data controller to collect, process and store data on their behalf.

Data controllers and/or data processors should do the following to comply with data protection law:

  1. Data collection can only take place if it is done by consent or there’s another lawful basis. When data is collected from a data subject, they should give their permission for it to be collected, processed and stored. The purposes of collecting the data should be explained to the data subject. However, there are times when organisations don’t need your consent to share your personal data.
  2. Data that is collected from data subjects should be kept up to date. For example, if an employee moves house and informs the company, their home address should be updated.
  3. Data processors and data controllers should abide by data protection laws.

What are GDPR fines?

The Information Commissioner’s Office (ICO) is a public body that enforces data protection in the UK. It has the power to issue ICO data protection fines to organisations that breach data protection law.

Can you claim compensation for a data breach under the GDPR?

If you are mentally or financially affected by a data breach caused by a company’s data protection failings, you could claim data breach compensation. Call Legal Expert for help today if you wish to make a data protection breach claim.

Examples Of High Profile Data Breach Fines

The Information Commissioner’s Office (ICO) has the power to fine businesses and organisations when a breach of data occurs due to their failings. Some of the biggest data breaches that have resulted in an ICO data protection fine include the following.

  • British Airways were fined £183 million in 2019
  • Marriott Hotels were fined £99 million in 2019
  • Facebook was fined £500,000 in 2018
  • Equifax was fined £500,000 in 2018
  • Bounty UK was fined £400,000 in 2019

In this guide, we explore the justifications and evidence that could lead to data breach claims against Uswitch.

If you can prove you have been psychologically or financially affected by a data breach, we could help you. What’s more, Legal Expert could connect you with a skilled data breach lawyer to handle your case. Call us today and a claims advisor will be happy to help.

When Companies Could Breach Your Data Privacy

Data breaches can happen because of errors made by members of staff. This can be because of a lack of training or be down to human error.

For example, a data breach can occur if an employee sends an email to a third party with a confidential document attached that contains personal data that the third party is not supposed to have access to. Businesses and organisations should train employees on the proper management of personal data to avoid these types of occurrences.

Unfortunately, data breaches at businesses can also happen because of malicious reasons. Hackers can compromise network security systems using malware (malicious software) to steal personal information. Types of malware used could include:

  • ransomware
  • rootkits
  • spyware
  • bots

Unfortunately, there have also been cases of insider threats, when a person inside an organisation exposes personal data for malicious reasons, or financial gain.

If a company doesn’t provide proper cybersecurity, it could allow cybercriminals to access personal data easily. Therefore it could be their failure that leads to the data breach. And if you suffer financial loss or mental harm as a result, you could claim.

Can I Report A Company To The Information Commissioner’s Office?

The Information Commissioner’s Office (ICO) is an independent authority that upholds data protection law in the UK.

Part of the ICO’s data protection responsibilities includes investigating data breach reports concerning businesses and organisations. Additionally, the ICO can issue fines to businesses that break data protection law.

To report a data breach to the ICO, we recommend that you take the following steps:

  1. Make a formal complaint to the company (not the ICO) in writing first. The Information Commissioner’s Office has an online guide on how to make a complaint.
  2. If you do not receive a satisfactory response, contact the ICO within three months of the company’s final meaningful correspondence.
  3. You may also be eligible to claim compensation for the mental or financial harm caused by a data breach that’s the result of a company’s security failings. Call Legal Expert today to enquire about making a data protection breach claim.

Examples Of Damages Awarded For Breaches Of Your Data Privacy

Many people find the experience of having their personal data compromised distressing. In addition, data breaches can leave those involved vulnerable to identity theft and potentially being defrauded.

It can also be an invasion of privacy and can hurt a person’s faith in a business or institution. Some victims of a data breach may experience mental health problems such as depression, anxiety or stress.

If you’re able to prove that a company’s failings led to a personal data breach that caused you psychological harm, you could claim non-material damages. This is the category of compensation for psychological harm.

You could also claim for any financial losses incurred because of the data breach. These are known as material damages. This can include money you lost due to fraud or other expenses associated with the breach.

It’s important to give evidence of your losses. Banks statements and credit scores (for example) could be used to prove financial losses.

This guide regarding data breach claims against Uswitch aims to give information to help you. However, if you need any questions answering, why not reach out to us?

Calculating GDPR And Data Breach Compensation Claims

The case Vidal-Hall and others vs Google [2015], heard by the Court of Appeal, changed the way in which psychological injury was compensated in data breach claims. Before this case, people couldn’t claim compensation for a data breach for psychological harm if there hadn’t been any financial loss.

After the case, people were able to claim for psychological harm endured because of a data breach without financial loss having occurred too. Also, psychiatric injuries could be valued as they are for personal injury claims.

You can use the compensation table below to estimate how much your non-material damages data breach payout could be worth. The compensation amounts included in the table are based on guidelines from the Judicial College. Solicitors use these guidelines to help them when valuing injuries.

Edit
Psychological Injury Type Severity About This Injury Estimated Compensation
Psychiatric Injuries Severe Claimants experience serious issues with their ability to continue with education, work and other facets of life. £51,460 to £108,620
Psychiatric Injuries Moderate There will be a better prognosis for this claimant than the claimant outlined above. £17,900 to £51,460
Post-Traumatic Stress Disorder Severe Severe Post-Traumatic Stress Disorder could affect many aspects of the person’s life. There could be a degree of permanent injury. £56,180 to £94,470
Post-Traumatic Stress Disorder Moderately Severe This claimant will have a better prognosis than those with severe injuries. The claimant may still experience some disabling symptoms. £21,730 to £56,180
Post-Traumatic Stress Disorder Moderate The claimant should make a good degree of recovery. £7,680 to £21,730
Post-Traumatic Stress Disorder Less Severe The claimant should make a relatively full recovery in a year or two. Up to £7,680

The table does not include material damages you may be able to claim. For a free, personalised estimate of how much your compensation payout could be worth, why not call Legal Expert to speak to an advisor?

How Do I Seek Compensation For An Online Data Breach?

If you wish to make a data protection breach claim, we recommend you start by contacting the business directly. You can contact them in writing or by email. Your letter should include the details of the data breach and how it has affected you personally.

If you do not receive a response you find satisfactory within three months, consider contacting the ICO. However, remember that you don’t need to contact the ICO to make a data breach claim.

Contact Legal Expert today to enquire about making a data breach claim. If we can see that you have a valid case, a data breach lawyer could start working on your claim right away.

How To Deal With A Breach Of Your Personal Data Privacy

If you have been harmed psychologically or financially because of a personal data breach, contact Legal Expert today. We can help you claim compensation for a UK GDPR data breach if it was caused by the company’s positive wrongful conduct.

Why trust our solicitors to handle your claim?

  • We have the trust and confidence of our previous clients. Feel free to read the reviews on our website to learn more.
  • Our skilled solicitors have solid experience helping clients like you.
  • Our solicitors value claims accurately and negotiate hard to achieve the maximum amount of compensation you could be owed.
  • They can work on your claim from anywhere in the country, so you’re not restricted to the solicitors in your area.

No Win No Fee Data Breach Claims Against Uswitch

At Legal Expert, we believe that everyone should have equal opportunity to pursue a claim. This is why our solicitors offer to handle data breach claims as a No Win No Fee claim.

This means that, instead of paying an upfront or hourly solicitor’s fee, you will only have to pay a solicitor’s fee if your solicitor wins your claim. This will be formalised by the signing of a Conditional Fee Agreement, which is otherwise known as a No Win No Fee agreement.

In the event that your compensation claim is not successful, you would not have to pay any solicitor fees.

Many claimants prefer making a No Win No Fee claim because any financial risk of funding a solicitor’s services is reduced. It is also more affordable for many people as the fee is deducted from their compensation payout, rather than paid for upfront.

Read our guide today for more information about making a No Win No Fee claim. Alternatively, call us or send a message through our live chat.

Talk To A Data Breach Solicitor

If you have proof of a justifiable claim, contact Legal Expert using the details below. If you have solid grounds for a claim, we could connect you with our solicitors.

Contact us today:

  • Speak to a claims advisor by calling 0800 073 8804.
  • Fill out our online claim form and get a callback at a time that’s best for you.
  • Use the Live Support widget to chat with an advisor online instantly.

Data Breach And GDPR Resources

We hope you found this guide helpful. If you have been impacted by a data breach you may find the following guides helpful as well.

External Guides

ICO Guide To Personal Data Breaches

The ICO: Raising A Concern With An Organisation

Government advice: Data Protection

Thank you for reading our guide about potential data breach claims against Uswitch that aims to help.

Written by Chelache

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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