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A number of people have been unsure as to how the £183m BA GDPR fine works in relation to compensation. They are two separate things, and here’s how it works.
Firstly, the record fine is the current proposal, and British Airways and their owner (IAG) can appeal the decision. Whether any appeal will be successful remains to be seen, but crucially, this is not yet the final fine. However, there will likely be a fine. Even if an appeal is successful, we expect that the Information Commissioner’s Office (ICO) is still going to issue a fine.
In terms of compensation, this is dealt with separately as part of a pending group action that you can sign-up for here.
It’s important to know that the BA GDPR fine is not intended to be used as compensation for victims. It’s not intended to fund a compensation package or settlement either.
The issue of compensation is completely separate. The fine is designed to be a punishment and a deterrent, and the funds usually end up in the treasury.
Compensation claims will normally form into a Group Litigation Order (GLO) which are then pursued together in the courts. Any settlement will be an additional expense for BA which can then be used to ensure victims of the breach can have the justice that they deserve.
Although the two are separate things, the BA GDPR fine can be helpful for the compensation action on the whole. The fine – which is extensive – shows how serious the breach is, and it shows that the ICO are confident that British Airways is in breach of vital data protection legislation.
Although they were hacked, the argument is that they ought to have done more to have prevented the attack in the first place. In addition, this was a sustained attack and it took BA far too long to identify that they were being breached in our view.
Since news of the BA GDPR fine hit the press, we have taken on a fresh influx of new cases that join the group we have already been representing since the scandal broke back in 2018.
The lawyers for BA may be looking at a quick cut-off date for victims of the breach to join the action. We’re therefore urging anyone who is serious about claiming compensation to launch a legal case without delay.
We’re offering No Win, No Fee representation, so what have you got to lose?
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