As part of the recently updated SWW Annual Audits, Members will note a newly included section pertaining to the Information Commissioner’s Office (ICO) data protection fee. You may already be aware of and paying this fee; however, if not, understand it is law to pay if applicable, and the SWW will check members are complying with this obligation.
What is the fee for?
The data protection fee funds the ICO’s work, providing advice and guidance about complying with the law. It also accredits your company with a listing on the ICO’s register of fee payers and shows that you take data protection seriously. Whether or not you have paid the fee could impact your reputation, and paying it sends a strong message to your customers that you value and care about their information, as well as letting other organisations know that you run a tight ship.
How much is the fee?
Most companies will only need to pay £40 or £60 a year depending on their size or turnover, however for large organisations the fee is £2,900. It is important to know that if you need to pay and don’t pay or your payment is overdue, the ICO could fine you up to £4,000.
Could I be exempt from paying the fee?
Under the Data Protection (Charges and Information) Regulations 2018, individuals and organisations that process personal data must pay a data protection fee to the ICO unless they are exempt.
The 2018 Regulations make certain exceptions for some controllers:
- Public authorities should categorise themselves according to staff numbers only. They do not need to take turnover into account.
- Charities that are not otherwise subject to an exemption will only be liable to pay the tier 1 fee, regardless of size or turnover.
- Small occupational pension schemes that are not otherwise subject to an exemption will only be liable to pay the tier 1 fee, regardless of size or turnover.
To find out what fee you should be paying or whether you may qualify for an exemption, the ICO has published an online fee self-assessment to help you determine which fee applies to you.
Furthermore, whether you’re a sole trader or someone who works for themselves, a small business owner or start-up, or even a small-to-medium-sized enterprise, you’ll find a range of toolkits and checklists on the ICO’s data protection hub for small organisations to help you understand and comply with your data protection obligations.
