What evidence do you need to make a data breach compensation claim? (2024)

Our expert lawyers help people make successful data breach claims for the loss or misuse of their personal information. And the process to make a no-win, no-fee claim with us is straightforward and hassle-free. However, to make sure you get the maximum compensation possible, we will ask you to provide us with evidence and information about the breach and how it affected you.

So what kind of evidence do you need to make a data breach claim?

The first thing we will ask you for is if there is any evidence that your details were affected in the breach. For example, correspondence from the defendant confirming that your data was breached. If we don’t have this, we may still be able to make a compensation claim if we can prove that:

• you made a purchase with the defendant during the data breach period
• you used the defendant’s services during the data breach period
• you were a customer/client/employee/etc. of the defendant’s during the data breach period (e.g. where you didn’t make a purchase, but your details were kept on file).

Such evidence could include a receipt, booking reference, confirmation email, or details taken from an online account. You might even be able to trace this on a bank statement.

If you experience any financial loss because of a data breach, please make a note of this and keep any evidence. For example:

• Bank statements
• Correspondence (letters, emails, etc.) with banks, credit card providers, credit reference agencies, etc.
• Credit score reports (with dates of any dips)
• Evidence of any fraudulent transactions, fraud attempts, alerts, cancelled cards that relate specifically to this data breach

However, contrary to what you might have been told, you do not need to have lost money to make a data breach claim.

Following a data breach, people often spend a significant amount of time on the phone to their banks, and/or to credit reference agencies. Sometimes, there are travel costs and medical expenses required, and it might be possible to add these to your claim.

It is not unusual that – on reviewing a data breach case – we uncover information that allows us to increase the value of a claim significantly. What might seem irrelevant to you, could make a huge difference in the eyes of the law. So, please keep a hold of anything that might be useful just in case.

Once you register with Keller Postman UK, we’ll ask for evidence throughout the claim process. And, because the impact of a data breach isn’t always immediate, you can provide evidence to us more than once.

You have a legal duty to preserve any documents that might be relevant to your claim – even if they support the defendant’s case. Deliberately destroying or otherwise making any evidence unusable could be a contempt of court and could harm your case.

Our data protection lawyers are specialists in data breach law. So, we understand what it takes to make a successful data breach claim across a range of sectors.

IF YOU HAVE BEEN THE VICTIM OF A DATA BREACH, REGARDLESS OF THE TYPE OF ORGANISATION INVOLVED, WE CAN HELP.

Contact us today for a free, no-obligation, assessment of your case.