Data protection charge is in force

legal_updates

The charge varies between £40 to £2,900 per year depending on the size of your business and your turnover.

Author: Kiril Moskovchuk
Published:
Reading time: 2 minutes

This article is 2 years old.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

With the tumultuous unfolding of Brexit still dominating, it may have slipped off your radar that the Data Protection (Charges and Information) Regulations 2018 came into force on 25 May 2018 and introduced a data protection charge payable to the ICO by the processors of personal data.

The charge varies between £40 to £2,900 per year depending on the size of your business and your turnover. Most of our members will fall the two lower brackets: £40 of £60. The ICO online tool to work out the size of the fee can be found here:
https://ico.org.uk/for-organisations/how-much-will-i-need-to-pay/

If the charge is not paid, this may lead to a fine. The current ICO policy is to issue a reminder first. If the charge remains outstanding, a notice of intent will follow allowing 21 days to pay or to make representations. If the charge still remains unpaid, a fine may follow of up to £4,350.

Of course, there are exemptions. If data processing is solely for these purposes, the data processor is exempt:

  • Staff administration;
  • Advertising, marketing and public relations;
  • Accounts and records;
  • Not-for-profit purposes;
  • Personal, family or household affairs;
  • Maintaining a public register;
  • Judicial functions;
  • Processing personal information without an automated system such as a computer.

The core business activities are exempt, you will say. That is true but if you have CCTV installed, according to the ICO, you will still have to pay the charge in any case. Its current position is that any non-domestic CCTV used for crime prevention purposes, which is the intended purpose in most cases, is not exempt and the data processor will have to pay the charge. The ICO’s self-assessment tool to check if your business is exempt is here:
https://ico.org.uk/for-organisations/data-protection-fee/self-assessment/

Kiril Moskovchuk

Legal Advisor

Read more by this author

Getting in touch

You can contact us via the form or you can call us on 01480 455500.