Posted by jonathanfullarton - December 17, 2019 2:03 pm Don’t be caught out by not paying the Data protection fee

ICO campaign

We would like to draw your attention to the recently launched campaign by the ICO (The Information Commissioner’s Office) who are contacting all UK registered companies to remind them of their legal responsibility to pay a Data protection fee.

Under the Data Protection (Charges and Information) Regulations 2018, organisations and sole traders processing personal information are required to pay a Data protection fee unless they are exempt. 

Do you need to pay the Data protection fee?

You can check if you need to pay this by using the ICO’s self-assessment checker, a straightforward process which will take just 15 minutes to complete.  As a rule, however, you will most likely need to pay a fee if you hold any personal information for business purposes on any electronic device, including any CCTV recordings captured for security purposes.

Paying your annual fee

You can make a payment online on the ICO website   However, if you believe that you qualify as exempt you will need to complete the Data fee exemption form explaining why your business is exempt from paying the fee.

Penalties

Since May 2018 over 600,000 businesses have registered to pay the fee.  However, there are organisations who have failed to do so.  This has resulted in 340 fines for non-payment in the period 1 July to 30 September 2019.

Getting help with Data protection

The ICO understands that for some organisations that the issue of Data protection is confusing.  To assist all businesses and individuals the ICO have both a helpline and live chat service dedicated to help with data protection enquiries.  In addition, they have a range of self-assessment tools and products, which you can access on their website.

The ICO can also arrange advisory visits and further support to help small businesses and organisations comply with the law.

Costs of non-compliance

Fines will depend on a company’s size and turnover.  There are three tiers of fees ranging from £40 and £2,900.  It is understood that most organisations will fall into the lower bracket with costs further reduced by £5, if you sign up by direct debit. You can find out how much you need to pay by taking a self-assessment.

Heavier fines could, however, be placed on businesses and organisations who choose to continue to flout the rules.  Therefore, if you are in any doubt as to whether your business is exempt, we would suggest you contact the ICO for further help and advice. 

The ICO small business helpline can be reached on 0303 123 1113 and is open between 9am – 5pm, Monday to Friday (excluding Bank Holidays).