The increase to data protection fees payable by data controllers to the Information Commissioner’s Office (ICO) by 29.8 per cent has come into effect.

Data controllers are now required to pay the new fee rates relevant for their tier.

Here is what you need to know about the fee increases and how you will be affected.

Fees increase across all tiers

There are currently three tiers of fees payable annually by data controllers, based on the size and turnover of organisations:

  • Tier One: Micro organisations with a maximum turnover of £632,000 or no more than 10 members of staff.
  • Tier Two: Small and medium organisations with a maximum turnover of £36 million or no more than 250 members of staff.
  • Tier Three: Large organisations that do not meet criteria for tier 1 or tier 2.

The increase in fees for each tier is shown below:

Tier Old fees New fees
One £40 £52
Two £60 £78
Three £2,900 £3,763

 

A £5 discount applies to payments made by Direct Debit across all tiers.

Are there any exemptions?

You don’t need to pay a fee if you are processing personal data only for one (or more) of the following purposes:

  • 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.

Members of the House of Lords, elected representatives, and prospective representatives are also exempt from the data protection fee.

Even if you are exempt from paying a fee, you still need to ensure compliance with your other data protection obligations.

What this means for landlords

As a landlord, you are required to pay the data protection fee if you handle your tenants’ personal information electronically.

This includes use of CCTV and storing personal data on a computer or mobile phone device.

Failure to comply could result in a fine of up to £4,350.

You must pay the data protection fee every 12 months – each fee covers a 12-month period from the renewal date, rather than the payment date.

However, the ICO will not consider your business covered by the data protection fee until they receive your payment.

Next steps

Most landlords need to register with the ICO. If you have not and think you may be required to, it is essential to register as soon as possible to avoid falling foul of the law.

If you are already registered with ICO, check when your renewal date is coming up and make sure you have noted the new fee you will be required to pay.

Additionally, you should establish whether your business will remain in the same tier. If your annual turnover and members of staff have increased or decreased, you may fall under a different tier and be required to pay a higher or lower fee.

For more information about the data protection fee and managing costs, contact our expert property team today.