No minimum threshold for data breach claims

Kingsley Hayes, head of data and privacy litigation at Keller Postman UK

By Legal Futures Associate Keller Postman UK

The European Court of Justice ruled earlier this month that there was no minimum threshold for non-material harm in data breach claims – a decision welcomed by experts at Keller Postman UK.

The ruling is not legally binding in England and Wales however, it is part of a positive set of decisions for claimants in the UK according to the group action and multi-claimant firm.

Kingsley Hayes, head of data and privacy litigation at Keller Postman UK, commented: “This is good news for individuals who have a right to claim compensation when organisations fail to protect their data and provides an interesting challenge to those who seek to minimise access to justice for mass claimants utilising threshold as a key strategy to their defence

“A GDPR violation can have a far-reaching impact on individuals. The threat of fraud when personal information gets into the wrong hands can be devastating, even if the financial risks are quickly mitigated.

“The law is clear around organisations’ legal duty to securely protect the confidential information processed, shared and stored.”

Keller Postman UK has offices in London, Birmingham and Liverpool.

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