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Claiming compensation for a sophisticated cyberattack
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Claiming compensation for a sophisticated cyberattack

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We often see the term used that a “sophisticated cyberattack” has occurred in the wake of a data breach event when notifications are issued to those who may be affected.

As leading privacy claims specialists who have been operating in this niche and complex area of law for so long, we are used to seeing data breach notifications with this kind of language commonly used. We will discuss this matter below of when an event is labelled as “sophisticated”, but the key overview to know is that you could be entitled to claim compensation if you have been the victim of a cyberattack.

The best thing to do is contact our team here now for free, no-obligation legal advice.

What is a “sophisticated cyberattack” – a common phrase

When data breach notifications are issued to those who have been affected by an event, we often see the phrase used that a “sophisticated cyberattack” has occurred. I would say that most data breach notifications that I come across when we take on new actions seem to suggest that the matter was sophisticated, but what does this really mean?

If we take it at face value, a sophisticated cyberattack usually means that the attack may have been carried out by people who know what they are doing. There is a difference between somebody who may have a bit of experience and may find a way to break into simple servers and systems, but there are organisations and people out there who have a professional approach to what it is that they do. Cyber attackers can be very intelligent and can use a variety of methods to break down defences and find their way into systems and servers.

The point we want to make is about this commonly used phrase that the incident was a sophisticated cyberattack. We can only assume that it is a phrase that is commonly used as a way of trying to explain or excuse what has happened. Whilst the duty in law is that all organisations must take all reasonable steps to protect the information in their charge, we may see an event where there was little or nothing that could have been done. However, in many instances, it is usually a case that there is some flaw or vulnerability that has been exploited, even when the attack has been labelled as “sophisticated”.

The point here is to not take this kind of phrase as some form of confirmation that there is nothing that could have been done about it, or that there is nothing that you could do about what has happened. Ultimately, if you have been the victim of a cyberattack (as we will explain below) you could be entitled to claim compensation.

Claiming GDPR compensation for a hack

We touched on above that the GDPR puts a duty on organisations to protect the information they store and process. They need to be taking all reasonable steps to make sure that it is not misused or exposed. In simple terms, if a cyberattack takes place and there was more that could have been done to have protected information, victims could be eligible to pursue a GDPR compensation claim on the basis of negligence. Our argument can be that the organisation has been negligent in the duty of care that they had to protect the information because more could have been done.

We represent thousands of people for cases, and a lot of those in the large group actions that we represent people for involve cyberattacks. These claims can succeed, so do not be put off that you may have no rights if you have been the victim of a hack. All you need to do is contact our specialist team here now for free, no-obligation legal advice.

Risks of NHS cyberattacks

When we talk about hacks, it is prudent to discuss the risks of NHS cyberattacks. The NHS and the healthcare sector in general are significant targets for hackers because of the nature of the information that could be affected. It is valuable to hackers, and it is incredibly personal and sensitive. People want to maintain strict confidentiality over who knows what about them.

In line with the above, you can be entitled to pursue compensation claims for NHS cyberattacks. Please do contact our team if you have been affected by an incident of this nature and we will see if we can help you.

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You can call our claims team free from a landline or mobile on 0800 634 7575 or click on the link below to create a call back with one of our expert Data Claims team.Information on how we handle your data is available in our Privacy Policy.

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