ICO Data Protection Fee/Letter ?

[NEF]

Hello

I have just received a letter from ICO, stating they are the UK data collection regulator and stating I need to pay £40-60 per year, if not I could be fined upto £4000 ?

It says registering and paying the fee funds there data protection activities ?

Is this legitimate, its the first time I have heard of anything like this ?

 

[fisicx]

Yes it is legitimate. But check their website and you may well have an exception. If you just hold data for businesses purposes you don’t have to pay.

 

[NEF]

We are a small company 2 employees selling products online via an OpenCart store ,utilising stripe or bank transfer for payments ? Does that mean I need to register and pay ?

 

[WaveJumper]

We are a small company 2 employees selling products online via an OpenCart store ,utilising stripe or bank transfer for payments ? Does that mean I need to register and pay ?

There are a few links here on the ICO website which you can use and see if you are required to register
https://ico.org.uk/for-organisations/data-protection-fee/

 

[geoffb]

If you have a dashcam in your personal car that you use for business (taking orders to post office etc) you now need to register and pay - that's how I read it!

 

[WaveJumper]

If you have a dashcam in your personal car that you use for business (taking orders to post office etc) you now need to register and pay - that's how I read it!

Yep apparently been the law since May 2018:

"The General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR') came into force in May 2018. The GDPR provide new data protection rights for individuals and new legal obligations upon those that obtain, store, or use the personal data of others. The Information Commissioner's Office ('ICO') states motorists who are recording with a dash cam are likely to be 'data controllers' under the purposes of the GDPR and must comply with relevant legislation. Thus, users should display a clearly visible sign or sticker, on or inside the vehicle, indicating that filming is taking place and they should also provide certain details, either verbally or by way of a policy sheet, concerning the use of the data".

 

[Kitsunae]

We are a small company 2 employees selling products online via an OpenCart store ,utilising stripe or bank transfer for payments ? Does that mean I need to register and pay ?

Don't know how your store works, but sounds like you've got customer address data and possibly purchase history. Despite what was said above, "business purposes" don't get you out of it, otherwise no one would ever be required to register!

 

[fisicx]

Don't know how your store works, but sounds like you've got customer address data and possibly purchase history. Despite what was said above, "business purposes" don't get you out of it, otherwise no one would ever be required to register!

Nope.

https://ico.org.uk/for-organisations/data-protection-fee/self-assessment/

Q7 is key

 

[wayzgoose]

Don't know how your store works, but sounds like you've got customer address data and possibly purchase history. Despite what was said above, "business purposes" don't get you out of it, otherwise no one would ever be required to register!

That's what we have - customer address data and purchase history. And no, we don't need to register.

 

[Kitsunae]

Okay, sure! That's great.

 

[wayzgoose]

Okay, sure! That's great.

It is - don't like spending when I don't have to !

 

[Awinner2]

I would use the link given by @fisicx as if you may get a shock if you say YES to the first question regarding CCTV/Dashcams as the next screen will say you must pay a fee.

 

[Alan]

Complete the questionnaire https://ico.org.uk/for-organisations/data-protection-fee/self-assessment

but basically if you use CCTV or are any of these businesses you need to register

• Accountancy and auditing eg you're an accountant
• Administration of justice - including police and probation boards
• Administration of membership association records
• Advertising, marketing and public relations for others
• Charities - including housing associations
• Childcare ie childminder
• Constituency casework
• Consultancy and advisory services
• Councils
• Credit referencing
• Crime prevention and prosecution of offenders (including CCTV systems)
• Debt administration
• Education – including schools
• Emergency services - including ambulance and fire service
• Financial services and advice
• Health administration and provision of patient care - including medico legal, pharmacists, optometrists and dentists
• Insolvency practices
• Insurance administration
• Journalism and media
• Legal services
• Leisure – including airlines and TV/radio stations
• Loyalty cards
• Mortgage/ insurance broking
• Pastoral care
• Pensions administration
• Personal information processed by or obtained from a credit reference agency
• Private investigation
• Property management - including the selling and/ or letting of property
• Recruitment
• Research
• Social - including networking sites or dating agencies
• Software development - including web hosting and design or IT support
• Trading and sharing in personal information
• Training

 

[Mr D]

That's what we have - customer address data and purchase history. And no, we don't need to register.

That's good.
We got our letter this morning.

Was going to go on later to check.

 

[NEF]

So an online store definitely does not require this and it can be ignored ?

 

[fisicx]

So an online store definitely does not require this and it can be ignored ?

Only if you only use the data for the purchase and not for marketing.

 

[Alan]

Only if you only use the data for the purchase and not for marketing

Not quite. Marketing for your own main business is OK (assuming you comply with opt in regulations and data protection principals ) but cross marketing is not OK

• advertising, marketing and public relations (in connection with your own business activity).
  OK
  
  Not registering does not mean you have free reign not to comply with data protection and privacy rules.
  
  In my mind, why would any online company NOT register - the ability to add your ICO number into your T&C / Privacy statement surely creates a trust mark when customers try and work out if you are legitimate of a fly by night scam. ( Different for B&M shops as obviously potential customer can see you exist )

 

[Maxwell83]

Thanks for the info - just realised i've been registering and paying the fee for the last how many years when I don't need to?