Does anyone know the legal possibilities of those whose complete data has been stolen in case something bad happens to them? Is there a legal basis for a claim for damages, or perhaps on some other basis?
Without having actually looked... I'd be very surprised if there wasn't the standard "We are not liable for any losses incurred by using our website, devices, systems etc" disclaimer buried in their Terms of Service somewhere.
Indeed... (after I actually went and looked it up) from the website Terms of Use:
...
Crypto assets are volatile. You should be fully aware of the level of risk involved before engaging in crypto-related activities. Any loss of data, crypto assets or profit is your sole responsibility.
...
And then the Ledger Live Terms of Use:
Limitation of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LEDGER AND ITS DIRECTORS AND EMPLOYEES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICES (II) ANY CHANGES MADE TO THE SERVICE OR ANY SUSPENSION OR CESSATION OF THE SERVICES OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; AND (V) ANY OTHER MATTER RELATING TO THE SERVICE.
THE ABOVE LIMITATIONS DO NOT APPLY IN RESPECT OF LOSS RESULTING FROM (A) LEDGER’S FRAUD, WILFUL MISCONDUCT OR GROSS NEGLIGENCE, WILFUL MISCONDUCT OR FRAUD; OR (B) DEATH OR PERSONAL INJURY.
And then the Sales Terms:
ARTICLE 8 – LEDGER’S LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, LEDGER DISCLAIMS ANY AND ALL LIABILITY FOR LOSS OF PROFITS, INCOME, VALUE OR DATA, OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES.
YOU ARE SOLELY RESPONSIBLE FOR THE COMPLIANCE WITH THE TERMS OF USE AND THE INSTRUCTIONS PROVIDED IN THE USER MANUALS.
TO THE FULLEST EXTENT PERMITTED BY LAW, LEDGER’S TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TC’s, INCLUDING ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID TO PURCHASE THE PRODUCT.
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Basically, they refuse to accept any liability for anything... but that's fairly standard "boilerplate" stuff for pretty much any company
Although, the "Gross negligence" part could possibly be argued, but that depends on the exact details of the flaw/breach that led to the data being leaked and whether it could be considered gross negligence I guess...