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

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?

Evidence to show how a data breach has impacted you

To win your case, we will need to prove that the defendant breached your data and that this breach has harmed you in some way. Things we might use to prove this include:

Confirmation that you were involved in a data breach

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.

Details of any phishing attacks or scams linked to the data breach

Where cybercriminals are involved in a breach, it is not uncommon to become the target of attempted phishing scams as this data regularly gets sold and used for nefarious purposes. If you experience any phishing or other scam attempts that you believe are linked to a data breach, please make a note of these, and keep any evidence. If you decide to make a data breach claim, we can use this to support your case.

Details of any money lost because of the data breach

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.

Details of any mental health conditions caused or made worse because of the data breach

Many victims go on to suffer from stress, anxiety, and distress after a data breach. People often feel shock, anger, fear, helplessness and panic. If you experience emotional distress because of this data breach, please make a note of this and keep any evidence. For example, details about medical appointments/prescriptions that relate to this data breach.

Details of any expenses or inconvenience incurred

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.

It is important to keep all the evidence you can find

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.

Make a data breach claim with Keller Postman UK

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.