Can you be fined for a data breach?
Asked by: Jessica Kub | Last update: February 8, 2026Score: 5/5 (11 votes)
Yes, you can absolutely be fined for a data breach, with penalties varying significantly based on jurisdiction, the type of data exposed (e.g., health, financial), the number of people affected, and the level of negligence, often reaching millions of dollars under regulations like GDPR or HIPAA, and potentially involving personal liability for executives, as seen in major cases worldwide.
How much can you be fined for a data breach?
Fines of up to £17.5 million under the UK GDPR, €20 million under the EU GDPR or 4% of annual global turnover can be issued for infringements of articles: 5 (data processing principles); 6 (lawfulness of processing); 7 (conditions for consent);
Are there fines for data breaches?
California Consumer Privacy Act (CCPA):
Applies to businesses collecting personal information of California residents. Provides specific rights to residents and imposes fines for non-compliance, including data breaches. Fines of up to $7,500 per violation.
Is it worth suing over a data breach?
Yes, suing over a data breach can be worth it if you suffered actual financial losses, identity theft, or significant emotional distress, as courts can award compensation for these harms, plus costs like credit monitoring; however, settlements for mere data exposure without tangible harm are often modest, so the value depends heavily on the severity of the impact and the sensitivity of the data exposed.
Can you be prosecuted for a data breach?
As breaching section 170(1) is a criminal offence, your employer or the individuals whose data have been breached may report you to the police. This could lead to you being charged and prosecuted.
£14M Fine for Exposing 6.6M People? The Capita Hack #DataBreach #CyberNewsAI
Who is legally responsible for a data breach?
US Data Breach Responsibilities. Under US laws, the data owner would be liable for any losses resulting in a data breach, even if the security failures are attributable to the data holder or cloud provider. This is because many vendor contracts exclude consequential damages and cap direct damages.
Is a breach a criminal offence?
A breach is not necessarily an independent offence, but rather is simply a claim to reconsider the terms of the conditional sentence under s. 742.6. A breach hearing must commence within 30 days of the allegation.
What if my SSN was part of a data breach?
If your SSN is exposed in a data breach, immediately report it to IdentityTheft.gov to get a recovery plan, place fraud alerts or credit freezes with the three credit bureaus (Equifax, Experian, TransUnion), closely monitor financial accounts for unauthorized activity, and change passwords on online accounts. You should also secure your phone number and be wary of scams, while considering a police report if fraud occurs.
What is the average payout for a data breach?
Average compensation for data breaches varies widely, from modest payouts of a few hundred dollars in class actions (like $100-$599) to thousands for documented losses (like AT&T's up to $7,500), depending on the breach's severity, type of data exposed (SSNs pay more), proven financial harm, time spent, and company negligence. While some major settlements offer cash, many involve credit monitoring, but substantial claims require strong evidence of actual losses, like identity theft or fraudulent charges.
Can I be compensated if my data was breached?
Victims of data breaches can pursue compensation for both financial and non‑financial harms. Common categories include: Direct financial losses: Unauthorized charges, fraudulent withdrawals, or theft from your accounts caused by misuse of your data.
Can I sue a company if my data was breached?
You can't sue just because your email got leaked. But when a company's negligence causes measurable harm, it crosses into personal injury territory. You may have a case if you experience: Identity theft or credit fraud linked directly to the breach.
How serious is a data breach?
There is likely to be a significant impact on the affected individuals because of the sensitivity of the data and their confidential medical details becoming known to others. This is likely to result in a high risk to their rights and freedoms, so they would need to be informed about the breach.
What is the largest data breach fine?
As of January 2025, the most significant data privacy violation fine worldwide was for social media giant Meta. In May 2023, the Data Protection Commission (DPC) of Ireland decided to fine the company with 1.2 billion euros or 1.3 billion U.S. dollars. The Chinese vehicle-for rent company Didi Global ranked second.
What is the fine for data privacy in 2025?
The DPDP Act imposes substantial financial penalties for non-compliance by Data Fiduciaries. The highest penalty up to ₹250 crore applies to failure of a Data Fiduciary to maintain reasonable security safeguards.
What happens if you are in a data breach?
A data breach is when unauthorized parties access, steal, or expose sensitive information like personal, financial, or health data, often through cyberattacks (hacking, phishing) or human error, leading to identity theft, financial loss, damaged reputation, legal penalties, and the need for costly recovery for businesses, while individuals face identity fraud and financial ruin.
What is the maximum amount we could be fined for a data breach?
For especially severe violations, listed in Art. 83(5) GDPR, the fine framework can be up to 20 million euros, or in the case of an undertaking, up to 4 % of their total global turnover of the preceding fiscal year, whichever is higher.
Do I need a lawyer for a data breach settlement?
Take action quickly because the sooner you fight back, the better your chances of recovering damages. The first step you should take is to consult an expert attorney to go after liable parties and seek compensation on your behalf. How Long Does a Data Breach Lawsuit Typically Take?
Where do 90% of all cyber incidents begin?
Over 90% of cyber incidents begin with a phishing email, exploiting human error through deceptive links, malicious attachments, or social engineering to steal credentials or install malware, making the inbox the primary entry point for attackers. Cybercriminals use sophisticated tactics like AI and deepfakes to trick users into clicking malicious links or revealing sensitive data, turning simple emails into devastating breaches.
Can someone access your bank account if they have your SSN?
Most people aren't eligible to change their SSN, which is why, once again, it's important to detect the red flags and know how to identify signs of suspicious activity. If someone steals your SSN, they can use it to: Secure employment. Open bank accounts or obtain credit cards.
Is it a good idea to freeze your Social Security number?
Yes, you should consider locking your Social Security number (SSN) to protect against identity theft, especially employment fraud, by using the government's E-Verify system, as it prevents unauthorized individuals from using it to work or claim benefits, but remember this is different from a credit freeze and you'll need to temporarily unlock it for legitimate new employment. Locking your SSN via the Department of Homeland Security (DHS) blocks its use for E-Verify, stopping someone from getting a job in your name, and you can manage it through your myE-Verify account, unlocking it when needed.
How do I check if my SSN has been compromised?
You know your SSN is compromised by spotting signs like unfamiliar accounts on your credit report, unexplained bills or debt collector calls, denied loan applications, missing mail, or IRS notices about multiple tax returns or jobs you don't have. Key actions involve checking your credit reports at AnnualCreditReport.com, reviewing Social Security statements at ssa.gov/myaccount, and monitoring bank/financial statements for suspicious activity.
What are the 4 types of offenses?
Offences against person, property or state. Personal offences, fraudulent offences. Violent offences, sexual offences. Indictable/non-indictable offences etc.
What is considered a minor breach?
A minor breach, also called a partial or nonmaterial breach, happens when one party fails to fulfill a small part of the contract, but the overall purpose of the agreement is still met.
Do you go to jail for breach of contract?
Most breaches of contract are civil matters, not criminal offenses. The legal system typically treats them as disputes over money or performance, rather than crimes. That means penalties usually involve damages, not jail time.