Can You Claim Compensation If A Price Comparison Site Breached Your Data?
Price comparison sites are websites that allow consumers to compare the price of products and services. These sites need to collect personal data from their customers and employees to operate. Many comparison sites also have their own comparison site apps, which consumers can use on their smartphones. If a comparison site data breach occurs, the business could be held liable for certain damages caused to individuals.
Have you endured psychological harm or financial damage because of a personal data breach? You may have grounds to claim compensation.
If you have evidence of a justifiable data breach claim, contact Legal Helpline. We will be happy to answer any legal questions you may have. Furthermore, if our advisors can see that you are owed compensation, we can connect you with a skilled data breach solicitor to work on your compensation claim right away.
To begin your claim, call Legal Helpline on 0161 696 9685. Or, make an online enquiry to get a callback. Alternatively, continue reading this price comparison website data breach claims guide to learn more.
Select A Section
- A Guide On Comparison Site Data Breach Compensation Claims
- What Is A Data Breach Claim Against A Comparison Site?
- What Is Third Party Sharing Of Personal And Financial Data?
- Enforcement Action Taken By The ICO Against Comparison Sites
- Calculating Comparison Site Data Breach Compensation Amounts
- Types Of Compensation Awarded To Comparison Site Data Breach Victims
- How The Information Commissioner’s Office Deals With Data Breaches
- No Win No Fee Comparison Site Data Breach Compensation Claims
- How A Data Breach Lawyer Could Handle Your Case
- How To Start A Data Breach Compensation Claim
- Speak To A Solicitor
- Comparison Site Data Breach FAQs
- Where To Learn More
Price comparison sites have to follow data protection legislation if they process personal information. This includes the General Data Protection Regulation (GDPR) and the Data Protection Act 2018, which enacts the GDPR into the laws of the United Kingdom. Therefore, they should take measures to secure any personal data they collect from their employees or customers. They should protect the privacy and security of the data subject.
A data subject is anyone whose personal data is processed or collected by a data controller. The data controller (such as an organisation, employer or business) decides the purposes for collecting data and how it’ll be processed. They sometimes use a data processor (such as another organisation or agency) to process personal information on their behalf. A data processor is independent of the controller but acts on its instructions.
The following types of price comparison sites could experience a data breach:
- Energy comparison sites
- Insurance comparison sites
- Broadband comparison sites
- Mobile phone contract comparison sites.
If a comparison site breaches your personal data privacy, you may have grounds to claim compensation from the company. However, you’d have to prove that you suffered mentally or financially because of it.
Therefore, in this guide, we will explain how to make a comparison site data breach compensation claim. We will also look at how data breaches at price comparison websites can happen. And what’s more, we will help you estimate how much compensation you could claim.
To begin your data breach claim, call our claims helpline today for your free legal consultation. If we can see that a price comparison website owes you compensation, we will be more than happy to connect you with our panel of data breach lawyers to handle your claim.
How Long Do You Have To Make A Data Breach Claim?
If you have been harmed by a data breach, there is a time limit to begin your claim.
- Normally there is a six-year time limit (from the date you got knowledge of the breach) in which to make a data breach claim.
- But, there is a one-year time limit to begin the claim if a data breach has violated the claimant’s human rights.
A data breach is when a security incident happens involving the protection of personal data. The security breach leads to data being lost, destroyed, changed, disclosed or accessed accidentally or without a lawful reason.
A security breach at a comparison site can involve customer or employee personal data becoming breached. Companies are supposed to have security systems in place to protect against breaches of data protection.
The following situations could count as data breaches:
- If personal data is lost or stolen, encrypted or altered without authorisation or unlawfully.
- Similarly, if a data leak or a data exposure incident takes place without authorisation or unlawfully.
- Or if an organisation shares personal data without permission or without a lawful basis.
- Also, if personal data becomes accessible to an unauthorised person.
How Can A Data Breach At A Comparison Site Happen?
Many data breaches in businesses happen because of employee errors. For example, a price comparison website employee may accidentally attach files containing personal information to an email. They may then send this email to recipients who aren’t authorised to see the personal information.
Unfortunately, data breaches can also happen because of malicious actors. To illustrate, a price comparison website could be the target of a cyber attack. Cybercriminals may hack the website to steal personal information or use malicious software (malware) to access the company’s database. Companies can defend themselves from cyber attacks by having strong cybersecurity networks in place.
If you have been impacted by a comparison site data breach, you may be owed compensation. Contact Legal Helpline now to speak to an advisor. If we believe that you have eligibility to claim compensation, we could connect you with our panel of data breach solicitors to handle your claim.
Individuals whose personal data is collected by an organisation are known as data subjects. The General Data Protection Regulation was created to protect the data privacy and security of data subjects. Under the GDPR, organisations must abide by the following rules, when they collect data from data subjects.
- An organisation can only collect a data subject’s personal data if they have given them permission to do so.
- The organisation must explain to the data subject the purpose of collecting their personal data. The organisation must not use the data for any other reason. (However, there are lawful exceptions where organisations can share your personal data without your consent.)
- What’s more, the organisation should keep the personal data that it has collected up to date where it can.
- And finally, the organisation must follow all relevant data protection rules and legislation.
The Information Commissioner’s Office (ICO) is a public body in the UK. It operates to uphold the personal information rights of the public.
Does The ICO Enforce GDPR?
Yes, the Information Commissioner’s Office upholds the General Data Protection Regulation and the Data Protection Act 2018 in the UK. Therefore, the ICO can investigate if a data breach takes place. As a result, the ICO may issue a business with an ICO fine.
In 2017 the ICO issued the price comparison website Moneysupermarket.com Ltd with an £80,000 fine. This is because customers who had opted out of receiving marketing communications received marketing emails from the company. In fact, Moneysupermarket.com sent 7.1 million marketing emails over 10 days.
Moneysupermarket.com sent emails that were styled as legitimate updates. However, the emails asked customers to opt-in to receive “personalised news, products and promotions”, which means that they contained marketing content. This violated Regulation 22 of the Privacy and Electronic Communications Regulations (PECR). The PECR states that organisations can send marketing emails to individual customers if they have given them permission to do so.
You may be owed compensation if a comparison site or comparison site app has caused your personal data privacy to be breached and you consequently suffered mental harm or financial loss.
You can use the compensation table below to estimate how much compensation you could claim. Please note that the table contains figures for non-material damages, which is paid out for the emotional distress suffered. It does not contain material damages that may be included in your data breach claim payout. Material damages compensate you for financial losses the data breach causes.
|Type of Psychological Harm Caused||Severity of The Injury||Notes On The Condition||Compensation Estimate|
|Post-Traumatic Stress Disorder||Severe||Post Traumatic Stress Disorder claims require a specific diagnosis of what is called a "reactive psychiatric disorder". In severe cases, the prognosis will be very poor.||£56,180 - £94,470|
|Post-Traumatic Stress Disorder||Moderately Severe||Whilst the claimant may have been affected in a similar way to the above, this will have been to a less severe degree.||£21,730 - £56,180|
|Post-Traumatic Stress Disorder||Moderate||By the time of the claim, the claimant will have largely recovered from their injury and will have a good prognosis for the future.||£7,680 - £21,730|
|Psychiatric Damage||Severe||This is the highest level of psychiatric injury. Settlements will be based on several factors. This could account for the ability of the claimant to continue with things such as general relationships, their work or their education.||£51,460 - £108,620|
|Psychiatric Damage||Moderately Severe||The settlement will be based on an assessment of the same factors as above. Claimants in this bracket should have a better prognosis for recovery.||£17,900 - £51,460|
|Psychiatric Damage||Moderate||The claimant will already have made a good degree or recovery or is projected to.||£5,500 - £17,900|
|Psychiatric Damage||Less Severe||Settlements take account of the same factors as well as looking at how long the duration of symptoms suffered was.||Up to £5,500|
The compensation amounts included in this table are based on personal injury compensation guidelines from the Judicial College. This is because the amount of money awarded for non-material damages can be based on personal injury claim payouts. Solicitors use the guidelines to calculate the value of mental injuries.
Of course, how much you could claim can vary depending on your personal circumstances. Therefore, we recommend that you call Legal Helpline to speak to an advisor, for an accurate quote.
Victims of data breaches can experience emotional distress as a result. Especially if the personal data that was breached was of a private or sensitive nature. In extreme cases, an individual may develop psychological injuries because of a data breach. These can include anxiety or depression. These conditions can have a detrimental impact on the victim’s quality of life and may require therapy.
Moreover, criminals may use stolen data to target the victims for fraud and identity theft. This means that the victim may also suffer financial losses after the data breach has taken place. For example, fraudsters may steal customers’ personal data, such as names and contact details from a price comparison site. After that, the fraudsters may pose as the comparison site, to demand payments from the customers. This is known as push payment fraud.
Therefore, data breach compensation payouts can include the following:
- Material damages: This is compensation to reimburse you, the claimant for any financial losses incurred.
- Non-material damages: This is payment to compensate you for any emotional distress or psychological injuries suffered.
If you wish to claim compensation for a data breach by a comparison site, we can help you. Call Legal Helpline for your free consultation. Then, if we believe that you have strong grounds to claim, we could connect you with a data breach lawyer from our panel to start working on your case.
What happens if a personal data breach takes place at a business such as a price comparison website? The business is supposed to report the data breach to the ICO within 72 hours of it taking place. However, they only need to do this if the breach risks the freedoms and rights of data subjects.
If you believe that a comparison site has breached your personal data privacy, we recommend that you first contact the organisation to see whether or not they have reported the breach. You could also lodge a complaint. For more help doing so, you can read this ICO guide to raising your concerns.
If the business doesn’t satisfactorily deal with the complaint, you could contact the ICO. The Information Commissioner’s Office can investigate companies and may issue an ICO fine. However, please make sure that you contact the ICO within three months of your last meaningful conversation with the price comparison site. This is because the Information Commissioner’s Office’s decisions can be affected by delays in complaints.
Legal Helpline’s panel of data breach solicitors could handle your claim on a No Win No Fee basis. No Win No Fee means that you will not be charged an upfront or hourly solicitor’s fee. Instead, you’re charged a success fee if you win your claim.
This is a legally capped fee. It is deducted as a small percentage from your compensation payout. If your data breach claim is not successful, you will not have to pay any solicitor fees.
What are the advantages of making a No Win No Fee claim?
- The financial risk of funding a solicitor is lower, as you will only be charged for the solicitor’s fee if you win your claim.
- It is more affordable for many claimants, as you don’t have to pay the solicitor’s fee until the compensation comes through.
Read our online guide to learn more about making a No Win No Fee claim.
If you have experienced emotional distress or financial losses because of a comparison site data breach, you may have grounds to claim compensation. We can connect you with our panel of data breach lawyers to handle your claim and win you the compensation you deserve.
What can a Legal Helpline lawyer offer you?
- Firstly, they can handle your claim under No Win No Fee.
- Secondly, they could value your claim accurately and push to win you the optimum amount of compensation for your case.
- And finally, our data breach solicitors are experienced so your claim is in safe hands.
To begin a data breach claim against a price comparison website, please do the following. First, contact the company to complain formally about the data breach. The comparison site may be able to resolve the data breach internally.
However, if you are not satisfied with the help you have received, contact the ICO within three months of your final contact with the site. Remember though, the ICO can’t help you seek compensation.
Alternatively, call Legal Helpline to see if you can start your data breach claim today.
Legal Helpline can offer you free legal advice about making a data breach claim. What’s more, we could connect you with our panel of skilled data breach lawyers to handle your claim and win you the compensation you deserve.
To begin your compensation claim for a comparison site data breach, contact us today using the details below:
- Call Legal Helpline on 0161 696 9685.
- Use our online enquiry form to contact us in writing.
- Ask us a question directly using our chat widget.
If your data was breached whilst using comparison sites for energy, comparison sites for car insurance, comparison sites for broadband or comparison sites for home insurance, we could help. These FAQs may answer any remaining questions that you have.
What can I do if my personal data has been breached?
If your personal data privacy is breached, we recommend that you take the following steps.
- Contact the company that is responsible for the data breach occurring. They may be able to advise you on what to do to protect your data.
- If necessary, change your online passwords to prevent fraudsters from accessing your account.
- Again, if necessary, contact your bank to update your security information.
- Contact Legal Helpline to enquire about claiming compensation if you suffered psychologically or financially because of the breach.
What Are My Rights If My Data Has Been Breached?
If your data privacy is breached and you suffer financial loss or mental harm because of it, you have the right to claim compensation under the GDPR. The claim could be settled out of court.
Can I Claim Compensation For A GDPR Breach?
If a data breach occurs, which violates the GDPR, you may be eligible to claim compensation. However, you would have to prove you endured mental or financial damage (or both) as a result of the breach. You could claim compensation from the business or organisation that failed to protect your data if they didn’t take appropriate steps to secure it.
What Is A Cyber Attack
A cyber attack is when cyber criminals attack an organisation’s network security system to access their database. They may do so by hacking or using malware, which is malicious software. Types of malicious software include ransomware, spyware, rootkits or malicious bots.
We hope you have found this guide helpful. If you wish to make a data breach compensation claim, you may also find these materials helpful.
An ICO Guide To Personal Data Breaches
A Government Guide To Your Data Protection Rights
A Government Guide To The GDPR
Thank you for reading our guide to claiming after a comparison site data breach.
Written by HC
Edited by RV