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Order information disclosed to third party without consent

Order information disclosed to third party without consent

Discovery

Irvings Law have successfully represented a client in a data breach compensation claim against an online retailer of fresh flowers; the parties agreed to keep settlement details confidential so for the purposes of this case report the client and retailer will not be named.

The said client ordered flowers from the online retailer with the products due to be delivered to his house. The girlfriend of the client’s daughter had (unknown to the client) ordered flowers for the client’s girlfriend from the same retailer too.

Unfortunately, there was an issue with the order placed by the girlfriend’s daughter and the girlfriend contacted the online retailer to discuss this. The online retailer provided the girlfriend with details of the client’s order instead of the order placed by the girlfriend. This was a disclosure of the client’s personal information.

When the client discovered the breach, she contacted the retailer to raise a complaint and the retailer initially offered the client £100.00 credit to be used of their website.

Representation

As the client was not satisfied with the response from the online retailer, she proceeded to instruct Yvonne Dobson at Irvings Law. Without hesitation, Yvonne offered no win, no fee terms and she then submitted a Letter of Claim to the online retailer on behalf of the client.

Resolution

A series of negotiations then followed between the parties following which, an agreement was eventually reached between the client and the online retailer. The retailer offered a compensation amount 150% more than they originally to the client in response to her complaint which was not restricted to credit to be used on the website of the online retailer.

Following specialist advice from Yvonne, the client accepted the compensation offer. The company also insisted upon a stringent settlement agreement which included a confidentiality clause so that the client cannot disclose the settlement details achieved. The client agreed to this so that she can move on with her life.

Posted in GDPR Case Reports

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