• Over 900 ‘intent to fine notices issued’.
• > 100 fine notices issued since December 2018.
• Any business processing personal data required to register and pay a fee (unless exempt).
• Fines for not paying can be up to a maximum of £4,350.

The ICO announced at the end of 2018 that is has started issuing fines to businesses over a number of sectors for failure to renew or register with the ICO.

Any business processing personal data are required to register with the ICO and pay a fee (unless you qualify for an exemption). These fees came into effect on 25 May 2018. Fees start at £40 and there are 3 tiers ranging up depending on your number of employees and turnover.

So why are businesses still failing to comply with the law?

Myth #1 – I’m too small, I don’t need to register

Unfortunately, the ICO is clear “All organisations, companies and sole traders that process personal data must pay an annual fee to the ICO unless they are exempt.” This covers every business no matter how big or small handling personal data.

You may also be exempt, depending on the nature of your processing activities. You can find out using the ICO’s self-assessment checker: https://ico.org.uk/for-organisations/data-protection-fee/self-assessment/

Myth 2# – I don’t process personal data, only other companies / sole traders that are in business

Whilst information about companies and public authorities are not considered personal data, what you have to remember is what constitutes personal information is any information that identifies an individual natural person. The ICO’s own guidance states:

However, information about individuals acting as sole traders, employees, partners and company directors where they are individually identifiable and the information relates to them as an individual may constitute personal data.

https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/key-definitions/what-is-personal-data/

So even if you are only capturing information relating to a sole trader, as long as the information you process identifies that person individually it is still counted as personal information. In addition, many sole traders will use their own address, telephone numbers and other details for their business it’s even more important to understand this definition.

What’re the benefits of registering?

Well, for one thing, it means you won’t potentially get fined up to £4350 for not paying your fee, but there are some other great benefits to registering:

• Fees paid go to aiding the ICO in its data protection efforts, and at the end of the day, we are all individuals benefiting from the actions of the ICO in enforcing Data Protection.
• It looks great for your business. It shows your customers that you are serious about data protection and this gives them confidence in your handling of their information.
• You can be found on the data protection register, which many businesses do as part of their due diligence before signing contracts with other businesses or conducting transactions with companies.

But don’t just take our word for it, have a look at a recent blog from the ICO on this very matter.

Final thoughts

Registering with the ICO is a no-brainer for any business, whether you are just starting up (We’ve just registered for our business) or have been trading for a while. Most businesses fall into the £40 / £60 tiers for registration and for that annual fee you are much better getting it paid and sorted out than risk being caught out. Not sure if your processing activities count? Take the ICO’s short assessment here and find out.