UK: Data Protection Q&A - Does My Business Need To Notify The ICO, And Pay A Data Protection Fee?

Last Updated: 4 October 2019
Article by Sabine Paul-Pettinicchio

The Data Protection (Charges and Information) Regulations 2018 requires every organisation or sole trader who processes personal information to pay a Data Protection Fee to the ICO, unless they are exempt.

This briefing note will give you some guidance on how you can check whether you need to register, and if you do, how much the cost will be. The Data Protection Fee replaces the requirement to 'notify' (or register), which was in the old Data Protection Act 1998. Controllers who have a current registration (or notification) under the 1998 Act do not have to pay the new fee until that registration has expired.

Does the Data Protection Act 2018 and the GDPR apply to my organisation?

Yes, if you have information that can identify individuals (personal data) for any business or other non-household purpose. The law applies to any 'processing of personal data', and will catch most businesses and organisations, whatever their size.

How do I notify and register with the ICO?

You can notify the ICO by either:

  1. Filling in an online notification form, printing it out and sending it to the ICO
  2. Completing a notification form request and posting it to the ICO
  3. Calling ICO's fees helpline (0303 123 1113) and requesting a notification form

You will need to fill in details of your organisation and a general description of the processing of personal information being carried out by the data controller. It should take you around 15 minutes to complete.

How much does it cost to register with the ICO?

The data protection fee charged by the ICO depends on the size of your organisation or turnover. There are three different tiers of fees controllers are expected to pay - £40, £60 or £2,900. For most organisations, the cost will be £40 or £60. The ICO has developed a fee assessment tool. That tool will help you ascertain which fee is payable.

The tier that your organisation falls into depends on:

  • how many members of staff you have;
  • your annual turnover;
  • whether your organisation is a public authority;
  • whether your organisation is charity; or
  • whether your organisation is a small occupational pension scheme.

Tier 1 – Micro Organisations

You have a maximum turnover of £632,000 for your financial year or no more than 10 members of staff. The fee for tier 1 is £40.

Tier 2 – Small and Medium Organisations

You have a maximum turnover of £36 million for your financial year or no more than 250 members of staff. The fee for tier 2 is £60.

Tier 3 – Large Organisations

If you do not meet the criteria for tier 1 or tier 2, you have to pay the tier 3 fee of £2,900.

The ICO gives a £5 discount for payments by direct debit.

What could happen if I don't pay the Data Protection Fee?

Failure to pay the Data Protection Fee is now a civil offence. The ICO has begun formal enforcement action against organisations who have not paid the fee. The ICO will send a notice of its intention to fine an organisation unless they pay. Those that do not pay could face a fine of up to £4,350. Organisations have 21 days to respond to the notices

What happens when I am registered with the ICO?

Once you have successfully notified the ICO, the details of your organisation will be entered on the register of data controllers, and your organisation should be visible on the public register held by the ICO, which will include:

  • the data protection registration number given to you;
  • the level of fee you have paid (that is, tier 1, tier 2 or tier 3);
  • the date you paid the fee and when it is due to expire;
  • any other trading names you have; and,
  • name and contact details for your Data Protection Officer (DPO), if you have one.

The ICO will usually email a receipt to you within 1-3 working days of completing your transaction.

Do I need to renew my registration with the ICO each year?

Yes, you will need to renew your registration each year. The ICO will email you around 6 weeks before your registration expires. We recommend that you diarize the renewal date and make your administration and finance teams aware of the renewal deadline.

What else should my business be doing?

Organisations should continue to raise awareness of Data Protection risks in their business and ensure that they – and their staff - are aware of all the potential risks.

We have established a multi-disciplinary team to assist with all areas of Data Protection our commercial, company, employment, and Intellectual Property teams are available to address any queries.

GDPR/Data Protection Audit

We recommend that organisations carry out a detailed GDPR/Data Protection audit. We are working with risk management teams from several multinational companies to help them plan that audit stage and to implement a compliant data protection regime.

Contact us for a FREE Data Protection audit template

Our Data Protection team will be happy to send you a FREE Data Protection Audit template for you to start the audit process to identify the key risk areas. Our team can then work with you to evaluate and reduce, the risks – including advising you on which data protection policies you may need to have in place, and how you can train your team to reduce risks.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Similar Articles
Relevancy Powered by MondaqAI
 
In association with
Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
 
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions