How Long Does a Data Breach Claim Take?

Author:
Alexander Welham
Data Protection Solicitor
Date:
15/12/2021

It depends on a few factors and it really varies from case to case. Your claim could take anything from as little as a few months to over a year to settle.

Our Data Breach Solicitors can look at your situation and advise you on how long we think your data breach claim could take and how much compensation you could claim. Get in touch or use our free data breach checker to see if you’ve got grounds for a claim.

Call us on 0808 239 9426 or request a callback

What Factors Can Affect the Length of a Claim?

The length of time your claim takes to settle could depend on factors such as:

  • The nature of the data breach – if the circumstances around the data breach are complex and involve thorough investigation, this could delay the process
  • Whether the organisation who breached your data admits liability (fault) – if they admit liability early on, this will help progress your claim
  • The loss you’ve suffered – if you’ve experienced significant loss and distress as a result of the data breach, this might mean that more investigation is needed on our part to establish how much compensation you’re entitled to
  • Whether you’re making a claim as an individual or as part of a group action – a group action claim is when multiple people make a joint claim after experiencing the exact same loss in the same way. These are becoming more common but can take longer to settle

Our Data Breach Solicitors can advise you on your specific circumstances and advise you on the likely course of action.

Is There a Time Limit for Making a Data Breach Claim?

You have 6 years from the date your data was breached or you first suffered a loss from the breach to make a claim. The effects of a data breach can take months or even years to surface so it’s important to stay alert to any suspicious activity, even if the organisation who breached your data has told you that they’ve taken steps to resolve the issue.

As this is a strict time limit, it’s really important to get legal advice from a specialist Data Breach Solicitor as soon as you know that your data’s been breached or you’ve suffered a loss.

What is the Claims Process?

Once you’ve used our free data breach checker, the process will usually go like this:

    1. We’ll get in touch with you to get more information about the nature of the data breach and how it’s affected you.
    2. Our Data Breach Solicitors will investigate the circumstances around the data breach and assess whether you’ve got a potential claim.
    3. We’ll send a letter to the organisation who breached your personal data stating your intention to make a data breach claim and what we think they should do about the breach.
    4. We’ll check with the Information Commissioners Office (ICO) if the data breach has been reported.
    5. The claims process can begin and we’ll aim to get you the best possible outcome and the compensation you deserve.

What About Group Action Claims?

If you’re making a group action data breach claim, it might take slightly longer to complete. Group action claims are usually made when there’s been a data breach on a large scale. Recent examples include Google and TikTok.

As these cases are a bit more complex, and UK group action claims are still relatively new, investigations may take a bit longer. Because people must choose to actively opt into a group claim, claimants might decide to delay proceedings to give others time to join.

If you’d like to find out more about making a data breach claim, please get in touch with our Data Breach Solicitors who will be happy to advise you. We can often handle data breach claims on a No Win, No Fee basis – ask us for details.

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