Question 1

Can you sue a company for data breach?

Accepted Answer

Yes, you can sue a company for data breach. The data protection (https://www.mycase.ie/data-protection-solicitor)laws in  Ireland and the EU (also known as GDPR) explicitly sate under Article 82 that those who have suffered material or non-material damage as the  result of a data privacy breach have the right to seek compensation.

Question 2

Can I get compensation for a data breach?

Accepted Answer

Yes, you can recover substantial compensation for data breach, provided  you can prove you have suffered actual loss or damage due to the data  breach. There are currently no guidelines on how much compensation you  can be awarded for a claim under the Data Protection Act.

Question 3

What do you do after a data breach?

Accepted Answer

If you have suffered due to a breach of your personal data, you should contact MyCase Solicitors.(https://www.mycase.ie/contact) Our team of specialist data protection solicitors (https://www.mycase.ie/data-protection-solicitor)will work diligently to recover compensation on your behalf.

Question 4

What are the penalties for breaching the Data Protection Act?

Accepted Answer

While there are substantial penalties for breaching the data protection  act this is an issue for prosecution by the data protection  commissioner. The penalties do not really concern the subject of the  data breach as they are intended as a punishment for the data processor  committing the data breach.

Question 5

What Are Data Controllers & Data Processors?

Accepted Answer

As defined by the GDPR legislation, data controllers (either alone or  jointly with others) are those who determine the purposes and means of  the processing of personal data. Data processors are those who process  the personal data on behalf of the controllers, in line with the  parameters specified by the controllers.

Question 6

Are Data Protection Claims Usually Successful?

Accepted Answer

If you have suffered a data breach which can be backed up by clear  evidence, then your data protection claim is likely to be successful.  Between the introduction of GDPR legislation (May 2018) to May of 2019,  there were 6,200 complaints relating to breaches of data protection –  the majority of these, 5,800, were deemed to be valid.

Question 7

How Do I File A Data Protection Complaint?

Accepted Answer

The process of filing a complaint to the Data Protection Commission  (DPC) can be complex. If you believe you have been the victim of a data  protection breach, contact MyCase Solicitors and we will handle the  rest.

Question 8

Can I Get An Injunction To Protect My Data?

Accepted Answer

Yes. In certain cases where it is deemed appropriate, judicial remedy in  the form of an injunction may be applied, as outlined in Section 128 of  the Data Protection Act 2018.

Question 9

Are There Online Resources To Check If My Data Has Been Breached?

Accepted Answer

There are website, such as https://haveibeenpwned.com/ (https://haveibeenpwned.com/), which can be used to check whether your email has been breached and if your data is vulnerable.

FAQ