IrelandCan I sue for damages from a data breach?
Yes, you can sue for damages from a data breach in Ireland under the Data Protection Act 2018, if you suffer material or non-material damage as a result of an infringement.
What the Law Says
The Data Protection Act 2018 gives individuals in Ireland the right to claim compensation for damage caused by a breach of data protection law. This includes both financial loss and non-financial harm like emotional distress.
Under section 117 of the Data Protection Act 2018, a person who suffers damage as a result of a contravention of the GDPR or this Act by a controller or processor has a right to claim compensation from that controller or processor.
The term 'damage' covers both material damage (such as financial loss) and non-material damage (such as distress, anxiety, or reputational harm). You do not need to prove financial loss alone — serious emotional impact may be enough.
You must bring your claim within two years from the date you became aware — or ought reasonably to have become aware — of both the damage and the identity of the controller or processor responsible.
Statutory TextA person who suffers damage as a result of a contravention of the GDPR or this Act by a controller or processor has a right to claim compensation from that controller or processor.
— Data Protection Act 2018, s. 117 — Compensation
What to Do
Confirm whether your personal data was involved in a confirmed breach (e.g., via notification from the organisation or the Data Protection Commission)
Gather evidence of damage — e.g., bank statements showing fraud, medical reports for stress-related illness, or records of time spent resolving issues
Contact the organisation responsible and request compensation informally before considering legal action
If unresolved, issue proceedings in the Circuit Court (for claims up to €15,000) or High Court (for higher amounts) within 2 years of becoming aware of the breach and damage
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.