Claim your damage
One of the best-known manufacturers of hardware wallets, Ledger SAS, headquartered in Paris, France, which has so far been able to score points with its customers for high security and ease of use, has been hacked. The cyber attack took place in June 2020 and personal customer data was stolen. The corresponding database with over one million email addresses and personal contact data was published on an internet forum. Since the private keys can only be used by the owners, no cryptocurrencies should have been stolen in the attack.
However, the published information is personal customer contact data that is now online and accessible to everyone. This is the marketing and e-commerce databases, which gave the attackers access to personal contact data. According to Ledger, however, no payment data was affected by the hack. Furthermore, mainly customers from the period June 2020 would be affected.
What should be done now?
All customers who own a Ledger hardware wallet should urgently check whether their data could also be affected by the hack. According to Ledger, around 270,000 customers were affected by the current cyber attack and have already been informed about the incident by email. The exposed data includes email addresses as well as personal contact information such as name, address and phone number.
Since the stolen data is now publicly available on the net, anyone can access it. It is therefore considered very likely that phishing attempts, blackmail and other methods could increase in the coming months. For this reason, it is recommended to carefully check the authenticity of all e-mail correspondence with Ledger. Those affected should now under no circumstances disclose sensitive data such as recovery seeds or passwords.
What legal options do you have to take action against LEDGER?
As far as is known, personal data of almost 300,000 customers were disclosed. Specifically, personal data of the customers, namely first name and surname, address and telephone number were published. The disclosure of the database with thousands of personal data over probably several weeks is likely to constitute a serious violation of the GDPR (European General Data Protection Regulation). According to Art 82 of the GDPR, any person who has suffered material or non-material damage due to a data protection violation is entitled to compensation from the responsible party, i.e. Ledger SAS.
Generally, any person who has suffered material or immaterial damage as a result of a breach of the GDPR is according to its Article 82 entitled to claim damages from the responsible party, ie Ledger SAS. Any data subject can claim reasonable compensation for any breach of the GDPR through the processing of their personal data (non-material damage). The amount of this so-called non-material damage depends on the individual case. It will depend on the impact on the aggrieved person, taking into account the category of data, the gravity and duration of the breach, and the circle and number of recipients of the data. Courts have awarded up to EUR 5,000.00 in comparable cases. If you have even suffered material damage, e.g. through a phishing attack, this damage would have to be compensated. It is advantageous that Ledger SAS would have to prove that it is in no way responsible for the leak.
We will help you to assert your claims.
"Due to the serious data protection breach, customers should definitely be compensated."
- Dr. Florian Scheiber - Attorney at Law
Information about the collection procedure
You have two options to participate in the collection procedure:
I have a legal protection insurance or I finance myself.
What benefits will I receive?
In order to keep the cost risk manageable, we would first take extrajudicial steps and provide the following services for you:
- We will add you to our collection procedure evidence list.
- We will review your documents and examine your case.
- We will clarify your legal protection insurance coverage, if available, and submit a coverage request to your insurance company.
- We will assert your claims out of court against Ledger SAS.
- We will determine with you the further strategy.
What would it cost me?
The large number of similar cases and injured parties allows us to provide these out-of-court services for you at a reduced flat rate of EUR 420.00.
What if I receive legal protection coverage?
If legal protection coverage can be obtained for our actions through your legal protection insurance, we will reimburse you the EUR 420.00. Any deductible would be deducted.
Which documents are required from me?
In this course we ask you to send us all information and documents. This includes e.g:
- Invoice for the purchase of a Ledger product;
- any communications received from Ledger;
- any documentation regarding phishing attempts
- any documentation about damages due to phishing attempts.
Regarding the claim for damages, we would like to inform you once again:
In case of a data breach, you would be entitled not only to the material damage (that is, for example, costs for e-mail address conversion and costs for telephone number conversion, if you are continuously harassed; in case of phishing attempts, you could possibly get the lost value in the Wallet replaced, etc.), but also the immaterial damage (that is a kind of compensation for pain and suffering). This compensation for pain and suffering depends on the individual case and depends, among other things, on the severity and duration of the data protection breach.
I would like to proceed with the help of a litigation financier.
What is a litigation financier?
A litigation financier basically pays the costs of pursuing claims out of court and/or in court. This includes their own legal fees, the costs of the opposing party and court costs. The advantage would be that affected parties would not have to bear any costs, even in the event of a loss. However, in the event of success, the litigation financier would receive a success rate from the compensation amount received. Typically, the rate is between 20% and 40%; however, this varies from case to case.
Which litigation financiers are there?
In the meantime, there are several litigation financiers, e.g. such as in the German-speaking area:
- FORIS AG from Germany (www.foris.com);
- AdvoFin Prozessfinanzierung AG from Austria (www.advofin.at);
- Liti-Link AG from Switzerland (www.litilink.com).
In addition, the major German legal protection insurers are now also active as litigation financiers.
What services will I receive?
We would present your case to several eligible litigation financiers and try to obtain a coverage commitment. We are hopeful that we can secure one or even more litigation financiers in this matter. Of course, we cannot guarantee this.
Why can’t the law firm offer a contingency fee?
If you should wonder, why we cannot offer you such a contingency fee, we may inform you that in continental Europe (not as in the USA) we lawyers are prohibited by law from agreeing on such a contingency fee.
What would that cost me?
Since the activity also means a certain amount of work for us, we would charge EUR 50.00 for this. There are no further costs for you.
How can I register?
- Please click on the following link: https://signrequest.com/r/sign-template/146bb87054f3a50702c993c895584b0ded429753b17c08a42efc5b860c43165e/?p=1
- Please enter your e-mail address and cell phone number via SignRequest.
- Please complete and sign the online form consisting of client sheet and power of attorney. Attached you will find our General Terms and Conditions and the Information about the right of withdrawal.
- You can upload your documents by clicking on the „paper clip“.
- To complete the registration, please enter the SMS confirmation code.
- You will receive a copy of the signed documents by e-mail..
How can I pay?
You can pay conveniently and easily by credit card.
If you would like to pay by bank transfer, please contact us.
For Option 1:
"I have a legal protection insurance or I finance myself."
For Option 2:
"I would like to proceed with the help of a litigation financier."